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Writer's pictureSonya Peterkin, Esq.

Where to File for Emergency Custody

Updated: Nov 15

If you find yourself in a situation where a child is in immediate danger or needs protection, filing for emergency custody can be the best way to act quickly. Knowing where and how to file is crucial in these cases. It can be confusing, especially when emotions are high, but this article will help you understand where to go and what steps to take to file for emergency custody.

What Is Emergency Custody?

Emergency custody is a temporary court order that grants immediate physical custody of a child to one parent or guardian. It’s usually done to protect the child from harm or unsafe conditions. Courts take these matters seriously, and the process is designed to move quickly to ensure the safety of the child involved.

When Should You File for Emergency Custody?

You should file for emergency custody if you believe that your child is in immediate danger. including situations where there is abuse, neglect, or threats of harm. If the child is at risk and waiting for a standard custody order could put them in danger, emergency custody is the best solution. Common situations that require emergency custody include:

  • Domestic violence in the household.

  • Threats of taking the child out of state or country without consent.

  • Severe neglect or unsafe living conditions.

  • Substance abuse that endangers the child.

Where Do You File for Emergency Custody?

Filing for emergency custody typically happens at the family court in your local jurisdiction. It’s important to know which courthouse handles family law matters in your area. Here are some general guidelines on where to file:

  1. Local Family Court: Most of the time, emergency custody is filed in the family court closest to where the child currently lives. This court has jurisdiction over cases involving families and children in that area.

  2. County Clerk's Office: In many areas, you need to start by going to the county clerk's office at your local courthouse. The clerk can provide the forms and help direct you on where to submit them.

  3. Online Court Services: Some jurisdictions allow you to file emergency custody forms online. You can check your local family court's website to see if this option is available.

If you're unsure about where to file, it may be helpful to reach out to an experienced family law attorney. At the Law Office of S.A. Peterkin, PLLC, we assist clients in navigating these processes and ensure that the correct steps are taken to protect the child.

Steps to File for Emergency Custody

  1. Gather the Necessary Information: You'll need detailed information about why the child is in danger. This could include police reports, medical records, or other evidence showing the risk to the child.

  2. Go to the Appropriate Court: Take your documents to the family court or county clerk's office. The clerk will give you the forms that need to be filled out.

  3. Complete the Forms: Fill out the emergency custody petition clearly and honestly. Include all details that show why the child is in danger and needs immediate protection.

  4. Attend the Hearing: Once you file the forms, a judge will review your case. In many cases, there will be an immediate hearing where both parents can present their side. Be prepared to explain why emergency custody is necessary.

How Can an Attorney Help?

Filing for emergency custody is serious. It can have a lasting impact on your family. An experienced family law attorney can help make sure everything is done correctly, reducing delays and errors. The Law Office of S.A. Peterkin, PLLC, is dedicated to helping families through various difficult situations. We understand the urgency and are ready to act quickly to protect your child.

Emergency Custody and Long-Term Plans

It's important to know that emergency custody is only temporary. Once granted, the court will schedule a follow-up hearing to determine a long-term custody plan. During this time, the judge will gather more information, hear from both parents, and make a decision in the best interest of the child. Working with a trusted lawyer can make this transition smoother, ensuring that your rights and your child's safety are both protected.

Get Help Filing for Emergency Custody

If you need help filing for emergency custody, contact us at the Law Office of S.A. Peterkin, PLLC. We are here to assist you in making sure your child is safe. We know how overwhelming these situations can be, and we’re ready to guide you through the process step-by-step.

Visit our website https://www.sapeterkinlaw.com/ to learn more or schedule a consultation. Your child’s safety is our top priority.


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