If you know of a child in a dangerous situation, you have a responsibility to do something about it. What is emergency custody, and more importantly, how can you apply? Keep reading to find out.
Definition of Emergency Custody
Emergency custody is court-issued temporary guardianship of a child during emergency situations. In the event the child’s current living situation is unsafe or hostile, the court may step in and temporarily revoke guardianship from the parent or guardian. A temporary, non-parent guardian (typically a grandparent, relative, or close family friend) will then take care of the child until it is safe for them to return to their legal parent or guardian.
Reasons to File for Emergency Custody
An emergency custody arrangement is used to protect the well-being and safety of a child. As the court generally tries to keep families together, this form of custody is generally reserved for exceedingly dangerous situations, such as:
- Physical, sexual, or emotional abuse
- Risk of kidnapping
- Substance abuse by the guardian or parent
- Incapacitation or sudden death of parents or guardians
How to File for Emergency Custody
If you know of a child in immediate harm or danger, you can file for emergency custody. You should contact an experienced family law attorney to help you navigate the complexities of your local custody laws, and help you file your petition with the proper courts.
Once the paperwork has been filed, the court will set a hearing, at which you will have the opportunity to present evidence of the dangerous situation. You can reference medical records, police reports, and any other evidence to help support your case.
If the court finds the situation to be too dangerous for the child, they will issue emergency custody. This guardianship agreement, however, is only temporary. Should the child’s home situation remain dangerous, you will need to file for permanent custody.
Our Dutchess County Family Lawyers Can Help You File for Emergency Custody
If a child is in a dangerous home situation, contact our Dutchess County family law attorneys immediately. We can help you promptly file for emergency custody, and assist in collecting the proper evidence to support your case. We have more than 50 years of combined experience and are dedicated to your family law matter.
Don’t wait for the situation to get worse. Contact the Law Office of Dennis R. Vetrano, Jr., LLC now to discuss your emergency custody case: (845) 605-4330.