Emergency child custody is often pursued if one parent presents a threat or imminent harm to a child or becomes abusive. Other circumstances that might warrant the pursuit emergency child custody include parental substance abuse that puts a child in danger or child abandonment. Of course, when these types of situations occur, many parents remain unsure of what steps to take to protect their children.
Below, our Los Angeles divorce lawyers have listed some steps you should take if you find yourself facing these types of issues:
Step One: Know Who to Call
If you are aware that your child’s safety is in danger due to your spouse, former spouse, or partner, it is important you contact experienced legal representation right away. Because different municipalities, states, and counties handle these types of matters in different ways, it is crucial you seek help from a seasoned lawyer. A skilled family law attorney can then help you contact the family court closest to you and guide you through any legal issues that may arise.
Step Two: Gather Documentation
This is one of the most important steps in the process, which your lawyer should help with. It is crucial you gather all necessary documents to prove the other parent is posing risks and dangers to your child’s safety. You should include the following:
- Medical records
- Police reports
- Records of abuse
- Protection order proceedings
- Child Protective Services records
- Child psychiatrist evaluations
- Prior parental convictions such as violent crime charges or sex offenses
Step Three: Complete and File a Petition
Because these extreme circumstances are considered “ex parte,” you do not need to notify the other parent that you are pursuing emergency custody. The petition will request identifying information about your child, you, and your reasons for pursuing emergency custody. Provide any documentation and supporting data that you have. In most cases, these petitions must be filed in person or via mail. Once the court has received the petition, you will be issued a court hearing. Once you have achieved emergency custody you will need to file for permanent custody change.
Stolar Law Group is Here for You
Backed by more than 32 years of legal experience, our team of Los Angeles divorce attorneys at Stolar Law Group is ready to fight the rights of your family. Because we genuinely care about our clients, we work diligently to ensure the relationships between children and their parents are protected at all times. In addition, because we are highly experienced, we are familiar with the various courts and judges throughout the area. As a result, we are able to achieve top-tier results on behalf of our clients.