Split conservatorship of a child can be stressful and burdensome, especially if you are concerned about the safety and well-being of your child while they are with the other parent. If you think your child is in real danger or faces a significant risk to their physical or mental health, it could be time to file an emergency order.
You should never take matters into your own hands when it comes to altering a custody arrangement. This can often backfire on you. Instead, you should file an emergency custody order. Filing an emergency order gets the backing of the law and courts on your side and helps make sure that your child has proper protection.
If you are in Dallas, Texas and you wish to seek an emergency custody order or have your conservator rights altered by one, you should consider seeking legal advice and assistance regarding your rights and the next steps to take. The legal team at the Law Office of Chris Schmiedeke is ready to assist you with your custody issues.
An emergency custody order is a court-mandated order that is used to protect minors from perceived or real harm or abuse while in the care of a parent, grandparent, or other conservators. These orders require a legitimate fear of immediate danger or risk in an emergency situation. They can be issued for:
Sexual abuse can range from unwanted touching to child molestation, but it can also involve inappropriate speech that exposes your child to things for which they are not ready. If you think your child is being abused by your spouse or another party who has conservatorship over them, it is important to act quickly because it can result in lifelong trauma.
Physical abuse happens every day, and family violence cannot only result in lifelong trauma and injury, but it can result in the death of the victim. If you think your child is in danger of or being exposed to family violence of any sort, you should immediately contact a family law attorney and the authorities. File for an emergency custody order right away.
Alcohol abuse or drug abuse can lead to all sorts of abuse and neglect. The alcoholic or addict in your family may not physically harm your child, but they might ignore their basic daily needs or berate and belittle them, which are also forms of abuse. It is important to remember that addicts care more about their next fix than they do about those around them. It is an illness, and the addict may be a victim of that illness, but they are also a danger to those in their lives, and your child’s safety must come first.
According to Texas Penal Code § 22.041, child abandonment refers to a situation where an adult leaves a child in any place without providing reasonable or necessary care under any circumstances where a reasonable adult would not do so. Specifically, this means an adult who has custody or control of a child under 15 years of age and intentionally leaves them in a place where they have an unreasonable risk of harm, or if they engage in conduct that places a child under 15 in imminent danger of bodily injury, death, or impairment.
Child neglect is defined under Texas law as failure to meet a responsibility to provide adequate food, shelter, clothing, medical care, protection, and supervision for a child to whom a parent or conservator is entrusted. Neglect is a form of abuse, and the law requires observable and material impairment or substantial risk for the civil statute to apply. This is partly why it is important to have help from a Texas family law attorney who can prove that an emergency situation exists.
In order to obtain an emergency custody order, you will need to prove that a legitimate fear or immediate danger exists. To that end, we will need to gather documents such as affidavits from witnesses, police reports, medical reports, and even text messages or social media postings.
Affidavits are sworn statements attesting to something. In this case, they will be sworn statements from you and any witnesses regarding the danger your child suffers from.
While police reports are generally inadmissible as evidence in court, their existence can show that authorities have been called to the location where the child is kept. It can help to support a case that the child is in immediate risk of harm or danger.
Text messages and social media are often used to demonstrate threats to others. Whether the text message is demeaning to the child, is abusive in nature, supports a case of addiction, or otherwise illustrates a risk to the welfare of the child, it can be an essential piece of evidence for an emergency custody order.
Filing for emergency temporary custody can be done ex parte. This means that you can file the custody order in your child’s best interests and on their behalf. Your minor child is an interested outside party. To file for emergency custody, you must fill out a petition and attach an affidavit stating the reasons why you believe your child is in danger. You will also need to provide evidence of the danger.
Because emergency custody is a form of a protective order, filing for an emergency temporary custody order also means filing for a temporary restraining order. This TRO can provide extraordinary relief and lasts for 14 days, or until a hearing can be set to reevaluate or determine a final order for permanent custody.
The temporary orders hearing is where both parents will have a chance to present evidence and defend their rights to custody and conservatorship. It is very likely at this hearing that the other parent will show up with an attorney, which means you are best able to protect your position if you have an attorney of your own.
Having a child custody lawyer in your corner during the protective order hearing can help not only protect your rights but also fight back against your ex, whose attorney will know how to use the law against you. Your attorney can build a solid case and give you the best shot at protecting your child’s health and well-being.
According to Texas family law under Texas Family Code Sec. 83.002, a temporary court order for emergency custody can last for 20 days. If the duration needs to exceed this length, you can petition the courts to extend it for another 20 days.
Also, according to Texas family law, the emergency custody order expires after 20 days. Upon the request of the applicant or if the court deems it necessary, the order may be extended for additional 20-day periods. Your family law and custody attorney can guide you through this process. At this time, you will have to defend your concerns about threats to your child’s health and well-being.
It is absolutely vital to have a Dallas family law attorney present during the process of an emergency custody order. This process requires solid evidence and can get quite contentious and complicated. An attorney can help you avoid making critical mistakes like making incriminating statements or presenting a lack of evidence.
Your child custody lawyer can also protect you against allegations from your former spouse, especially if they have an attorney in their corner. Having an attorney of your own can help put your mind at ease. Legal issues are not easy to handle for everyday people, and the Texas legal system can be quite complex.
An emergency custody order is a vital tool to protect your child’s health and well-being. Child custody cases can get very complicated.
Our law firm handles divorce and family law cases all over the Dallas area, from family courts to district courts, child support to child custody, and more, including applying for emergency custody orders. Our most important goal is to protect your rights and do what is best for your child. We are not a large, faceless law firm. We give our clients the personal service they need every step of the way. Contact the Law Office of Chris Schmiedeke for your free consultation with no obligation and no disclaimer. Just call us at 214-643-8904 or use our online contact form to speak with a member of our legal team today.