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Emergency Change of Child Custody

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When is a situation so bad that you need an Emergency Change of Child Custody?

Let’s say your ex or soon to be ex posts images on social media of him or her partying with friends drunk or high when your child is present or your child comes to you covered in bruises. Therse are just a few examples of terrifying situations that would justify an Emergency Change of Custody.

How can you get an Emergency Change of Child Custody?

Well, it normally starts with an Emergency Petition for an Order of Protection or in some limited circumstances if you already have a case pending just an Emergency Petition for Change of Custody without asking for an Order of Protection for your child.

Do you have to give the other parent Notice that you are making this Request?

It depends. You don’t have to let him or her know initally if you choose to bring an Emergency Petition for an Order of Protection and you convince the Judge that if you gave the other parent notice he or she might hurt the child or hide the child. Otherwise, yes you do let the other parent know that you are asking the Court for this immediate change.

Whether you start with an Emergency Petition for an Order of Protection or an Emergency Petition for a Change of Child Custody, the Judge can rule that your kid comes to live with you temporarily until investigations are made to determine what is in his or her best interests.

If you brought a Petition for an Order of Protection and the Judge grants your request, the minor child comes to live with you for 14 days and then there is a full hearing to decide if your child lives with you longer. If you are granted an Emergency Change of “Custody” without asking for an Order of Protection, the Judge can allow the child to stay wtih you longer but not decide on a permanent arrangement until your case is concluded and often not until an Attorney appointed for your child advises the Judge what is in his or her best interests.

This is a complicated process and one which involves the welfare of your child. Consult an attorney. We at Gabrielle Davis PC are dedicated to helping parents help their kids in situations just like this.

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