When a parent fears for the wellbeing of his or her child, the natural
response is, of course, to act and do whatever is necessary to protect
that child. However, if you do not have custody, you might be wondering
how you can legally keep your child safe. The answer to this problem is
to obtain an emergency custody order. Upon filing for an Emergency Petition
for Child Custody in Maryland, an emergency custody hearing will follow
within the next few days, or even hours, given the nature of the situation.
When Are Emergency Custody Orders Granted?
There are a variety of circumstances that can arise which would justify
the pursuit of an emergency or ex parte child custody order. These orders
are designed to protect children who are subjected to or threatened with
harm or abandonment and, as such, do not go through the usual path of
child custody matters, which often take too much time to resolve. Some
examples of situations that necessitate an emergency custody order include:
- Allegations or threats of physical or sexual abuse
- Child abandonment
- Allegations of substance abuse that jeopardized the safety of the child
When seeking this type of order, the child or children must be present
within the state for the court to authorize the emergency custody order change.
Requirements for an Emergency Custody Order
Prior to issuing the emergency custody order, the court will conduct a
full and formal hearing, during which all parties will have a chance to
be heard. When filing for a petition requesting for this type of order,
it is important that you provide specific examples of the abuse or threats
of abuse. This can include:
- Police reports or arrest records of the other parent
- Records of prior convictions of the other parent that are relevant
- Child Protection Services records
- Medical and dental records
- Records from the child’s psychological evaluations
- Results of any prior protection order hearings
Supporting documents and records are crucial to your case. If you fail
to support your allegations in a meaningful way, this will heavily restrict
the court’s ability to grant an emergency custody order. Remember,
you must have an open case before you file for an emergency hearing.
Child Custody Attorney in Annapolis, Maryland
If you believe your child is in immediate danger, it is critical that you
act immediately to obtain an emergency custody order. At the Law Office
of Nicholas T. Exarhakis, our family law legal team has been assisting
families for over 30 years and understand the extremely sensitive nature
of these issues. We have the knowledge to obtain the outcome that will
best serve your family.
Call our office today at
(410) 593-0040 to request a free case evaluation with a member of our Annapolis legal team.