Parents are right to be concerned when their children are away from them after a relationship ends. This is especially true when they are unsure of the other parent’s intentions, abilities, or post-divorce circumstances.
Unmarried couples must still make legal arrangements for conservatorship (custody) and child support through their local jurisdiction. They must also co-parent to support the child equally.
When a parent, grandparent, or other relative believes a child is at risk or in danger, they must gather and present strong evidence to the court that time spent with a parent could impact the child’s welfare. The process is complicated and requires bringing proof to a judge who is unfamiliar with the family situation that there is a clear and present danger to the child.
Why File For Emergency Custody
Emergency custody is when there is an urgent issue with the child’s safety and well-being, not just because one parent wants to change the order. If one parent has evidence that the other is not properly caring for the child, they can request immediate removal for the child’s protection.
An emergency custody order is also called “ex parte.” When filing for emergency custody in Texas, a parent or other relative must have evidence that there is a risk to the child’s safety, such as abuse or neglect. Because these are serious charges, a parent must have valid reasoning or proof before going to court.
Another reason would be if one parent is planning to take the child out of state without the custodial parent’s permission (called the “primary conservator” in Texas.) This is elevated to a crime when the other parent violates a custody order or does not have custody. An emergency custody order can stop a parent from leaving Texas with the child.
Grandparents And Other Relatives
Seeking emergency custody by a parent or any family member indicates that the situation is urgent. Therefore, the petitioner must substantiate the urgency of the request.
Emergency custody can also be requested by family members if they suspect parent or parents are abusing or neglecting the child, or are no longer able to care for the child or children. In situations where the parents and/or guardians are deceased, or the only living parent or guardian dies or becomes incapacitated, family members can file for emergency custody. Family members take custody of the children immediately.
Going To Court
In an emergency where the child is at risk, a judge can issue an order immediately. However, the petitioner must have sufficient evidence to support the claim. Preparation is vital to a successful hearing. A family law attorney who understands family law makes navigating the process easier.
The petitioner (the parent or other relative filing the request) has the burden of proof to show that the child is in imminent danger of harm. From there, the judge will decide on conservatorship (custody.) Typically, the decision comes within a few days, or sooner. If successful, the standing order may also be changed.
If the judge decides the child is not in danger, the request may be denied, and the current custody order remains. The petitioner can pursue a standard custody modification.
Let Wendy L. Hart Help With Child Conservatorship
If you are a parent, grandparent, or other relative concerned about a child’s safety, speak with a Fort Worth family law attorney immediately.
Wendy L. Hart is an experienced family law attorney helping people throughout Tarrant County with divorce, property, and child custody issues. We represent both men and women in family law matters. Use our online contact form, or call us at (817) 842-2336, for an appointment.
