Emergency Child Custody

If your child is in danger, seeking an emergency child custody order is critical. Our lawyers can help.

When parents decide that they will not live together, they will need to come to a decision about who will care for their shared children. This can be a challenging thing for parents to do, and often involves months of back-and-forth negotiations, mediated sessions, and sometimes court intervention. While the process is usually drawn out, there are some cases in which an emergency child custody order may be issued. If you need custody of your child immediately, reach out to our law firm today for emergency child custody legal services you can trust.

What is Emergency Child Custody?

In the event of an emergency, either parent may request a temporary child custody order from the court that is made ex parte, which means that it is issued by the court without the other side being provided notice of the hearing or being present and given the opportunity to present their side. Again, these types of orders are temporary; a permanent or long-term order will not go into effect until both parents have been given the opportunity to be involved in the court process.


When Might Emergency Child Custody be Ordered?

An “emergency” that would justify a temporary ex parte emergency child custody order typically refers to a situation in which a substantial risk of harm to the child exists. Examples of situations that may give rise to ex parte emergency child custody orders include:

  • Domestic violence;
  • Child abuse;
  • Threats of either of the above;
  • Abandonment;
  • Substance abuse;
  • Arrest of the custodial parent; or
  • Any other situation that requires immediate custody of the child given to the petitioning parent necessary.

How to Get Emergency Child Custody

If a situation exists that has put your child in danger and you believe that getting custody of your child immediately is critical, you can request an emergency child custody ex parte order. You can do so by filing an emergency petition with the court. At the time that you file your petition, you will need to provide evidence supporting your case. If your case is strong, the judge responsible for reviewing your request will grant the temporary order for child custody. Remember, though, that the order will only be temporary. If you want custody long-term, you will need to go to court.

How Our Experienced Family Law Attorneys Can Help

Being in a situation in which you need to get emergency custody of your child can be scary, especially if you are also at risk of injury, such as in the case of domestic violence. At the law offices of Burch & Lockhart, our Manchester, TN family law lawyers support parents who are trying to protect their children through the securement of an emergency child custody order. We can help by handling all paperwork, gathering evidence, and representing you before the court. Please call us today to learn more about our legal services and what we can do for you.