How to Get Emergency Temporary Custody of a Child

Divorce can be a traumatic situation for all parties involved, especially children. Many parents may wonder can I get custody now, notably if the situation warrants urgency. Many complicated divorces and custody hearings can take months, posing a problem if a child is in danger where they’re currently living. In Clackamas County, a motion for emergency custody of a child can be filed in order to obtain expedited custody. At the hearing, a judge will evaluate evidence and may grant a temporary order of custody. This temporary order can become permanent after further hearings. If your child is in imminent danger, contact local authorities immediately, as even an emergency hearing can take some time.

What Reasons Qualify For Emergency Custody?

Whether you can get custody now depends on the facts and circumstances of your situation. After filing a petition for custody, it may be possible to obtain immediate award of temporary custody, depending on the situation. Emergency custody is only granted in specific circumstances. There must be an imminent threat to the child, including abuse, abandonment, or any other factor that places the child in danger. If these factors are not present, then you cannot file an emergency petition. If you’re unsure, speak with a custody lawyer who can analyze the facts and assist you.

What’s Considered Immediate Danger for Child Custody?

While you do not have to have an attorney help you file for emergency custody, having the help of a skilled attorney will increase the likelihood that you will be successful. It can be difficult to convey to the judge why you believe the child is in imminent danger. The legal definition for “imminent danger” can vary and is often subjective, but the burden is a high one. There are many situations where you think your facts fit the criteria necessary to receive immediate custody but without properly preparing for the petition, it could be denied by the judge. Because of the urgent nature of these petitions, working with a child custody attorney is important. Also an attorney can also help you decide if this is the best course of action given your particular circumstances. There may be other options available to you.

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