When child custody is disputed, it can quickly lead to complicated legal situations. Fortunately, many custody disputes can be handled civilly. In some cases, though, emergency action is needed to protect your child. This is called an emergency custody hearing.

Emergency custody orders are filed without notifying the other parent, usually to remove the child from a situation of imminent danger. Some common reasons to file this type of order include drug abuse, erratic/threatening behavior, and abandonment.

Emergency hearings are reserved for situations that put your child in danger and need to be resolved immediately. We’ll answer several frequently asked questions about emergency child custody measures to help you better understand when they’re necessary and how to file them.

How Do I Get Emergency Custody of My Child?

To get emergency custody of your child, you first need to file an emergency custody order. A qualified attorney can help draft one for you. You will provide the attorney with the reasoning behind this order, which they will note in the finalized version.

Because these orders address dangerous situations, it’s vital to file them as soon as you notice any signs of immediate danger. Filing for an emergency order not only protects your child but also increases your likelihood of obtaining long-term custody by showing the courts you are aware of your child’s needs.

It’s important to remember that these orders are temporary. The other parent will have an opportunity to contest the custody order in the future. Should that happen, you will have to go through a custody hearing to remain the primary guardian for your child.

What is the Difference Between a Regular Child Custody Order and an Emergency Child Custody Order?

Emergency child custody orders are specifically reserved for urgent situations that endanger your child. Once an emergency custody order is filed, the child can be removed from the other parent’s care immediately. The courts typically require at least 24-hour notice for these hearings, but in particularly dangerous situations, they may allow them to proceed faster.

A regular custody order can be submitted at any time and for any reason, but will not prompt an immediate response from the court. In a standard child custody hearing procedure, you would file for a custody hearing and then appear before the court on the set date. While this process may sound similar, it is much slower than the emergency custody route.

Keep in mind that emergency orders should only be used in the event of real danger, as abusing them can severely impact the court’s perception of your trustworthiness. If there is not an emergency, it is best to file for a traditional custody hearing.

Are There Disadvantages to Not Filing an Emergency Order?

Yes, there are disadvantages to not filing an emergency child custody order in some cases. If there is a situation where your child is in danger, and you fail to file an emergency order, it could negatively impact the way the court views your ability to keep your child safe.

Failing to file an emergency order can also negatively impact your chances of gaining custody. In general, the person who files for custody first gains a significant advantage over the other parent. Acting quickly can even lead to a shorter court case, which will save you time, stress, and money.

If there is ever a situation that you believe puts your child in harm’s way, it is always best to file for an emergency order. You have far more to lose by not filing this order than you do by filing one.

What Are Reasonable Causes To File for an Emergency Child Custody Order?

Emergency child custody orders, as the name implies, are filed when there is an emergency that puts your child in imminent danger. There are a few reasonable causes to file these motions, such as:

  • Substance abuse: If the other parent is abusing drugs or alcohol while the child is in their care, it can endanger the child.
  • Child neglect: Neglecting a child’s needs by failing to properly clothe, feed, and care for them is a valid reason for filing an emergency motion.
  • Child abuse: Child abuse directly puts a child’s safety at risk. This is one of the clearest examples of a situation where filing an emergency order is reasonable.
  • Abduction: If one parent attempts to relocate without permission of the other parent, or otherwise absconds with the child, an emergency child custody order should be filed as soon as possible.
  • Immediate danger: Scenarios where a child is threatened with severe punishment or violence require the immediate filing of a motion.

How Do I File an Emergency Motion?

To file an emergency motion for temporary child custody, you need to consult with a custody attorney to request that they file on your behalf. At this point, the attorney will ask you for the reasons you want to file the motion.

The attorney will advise you on the validity of your reasoning and likely outcomes of the order. They will then draft the motion, outlining the reasons you are seeking custody.

Remember that you have the right to file an emergency motion regardless of whether you are married, divorced, have a parenting plan, or don’t have a parenting plan. The court tends to err on the side of caution when it comes to emergencies. So if your child is in a potentially dangerous situation, it’s advisable to file an emergency child custody motion.

Contact Envision Family Law for Emergency Child Custody Guidance

When you need an emergency child custody order filed quickly, turn to Envision Family Law. Our attorneys are all well-versed in family law and child custody hearings. We know how important it is to act quickly in these situations, and will always put your case first.

Get the help that you need from Washington’s top family law firm. For more information about how we can help, contact Envision Family Law today.