Emergency Custody Attorney in Jonesboro Working Consistently to Resolve Custody Issues
For most of us, we can’t think of anything worse than a child being in danger and not being able to help them escape. Is there evidence of reckless behavior or abuse while your child is in the care of the other parent? Is there reason to suspect that your child may be in danger of being kidnapped by their other parent? Has your child expressed concerns for their safety while in the care of their other parent or guardian? Are there allegations of abuse or past convictions that are causing major concern for your child’s safety currently?
The safety of children is a family court’s top priority as well, and you have options to assist you in being their advocate and bringing them to safety. It is important in the eyes of the courts for both parents to remain in a child’s life, but if there is evidence of harm or immediate danger that could result to the child while in the presence of the other parent, they may choose to remove your child from that environment and grant emergency custody to you.
As time is of the essence in these situations, having a team of trusted, knowledgeable attorneys ready to help you can make all the difference. At OMG Law Firm, we have worked with families who are faced with this situation and helped them to resolve it quickly and efficiently. Contact us today at (870) 330-7324 to learn more about what resources are available to you and how we can help with your specific needs.
When Does Emergency Custody Apply?
It’s not something we like to think about, but if you suspect that your child may be in immediate danger with their other parent, emergency custody can be granted. If there is reason to believe that your child is in danger when it comes to abuse, neglect, abandonment, risk of kidnapping, or other reckless behavior that puts your child in danger, you can file for emergency custody to remove your child from that environment.
“Ex Parte” means that it is initiated by an outside party or parent, without the other parent having to agree to the process. Rather than taking the time for the other parent to address the concerns, and plead their case, all the while possibly allowing your child to remain in a dangerous situation, Ex Parte allows you to bypass all of this if it is recognized by the courts as necessary. If it is granted, temporary emergency custody can be issued with a court date scheduled to finalize the process in the courts at a later date.
What is the Specific Information Regarding this Order?
The emergency order reads as follows:
9-27-314. Emergency orders.
(a)(1) In any case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile’s removal from the state, the circuit court shall issue an ex parte order for emergency custody to remove the juvenile from the custody of the parent, guardian, or custodian and shall determine the appropriate plan for placement of the juvenile.
(2) In any case in which there is probable cause to believe that an emergency order is necessary to protect the juvenile from severe maltreatment, as defined in 12-18-103(17), the court shall issue an ex parte order to provide specific appropriate safeguards for the protection of the juvenile.
It goes on to stipulate that notice to the juvenile’s parents, custodian or guardian must be given of a hearing that will take place within 5 days of the court date, that they understand their right to be represented by counsel, that they are given the contact information of the court where the hearing will occur, and more. Appropriate measures taken as directed by the judge can include things like the parent not having any contact with the child and any other safeguards deemed necessary to protect the child.
What Other Steps Can I Take in Preparation?
Documentation can be imperative in these cases. If there are things like phone records, any past convictions of the parent in question, records of abuse, child psychiatric evaluations, medical records, police reports, and the like, these can all be of vital importance in protecting your child.
Having these documents gathered can help your attorney to put together an effective case to represent you and work towards obtaining the emergency custody order. Courts will typically only consider a matter urgent if there is enough supporting evidence provided by you and your attorney.
Reach out to an experienced attorney and discuss your concerns so they can advise what your next steps are. Each state has different laws regarding these cases, so having someone who is experienced specifically in emergency custody cases in your state is incredibly beneficial to you and your loved ones.
It is also important to note that if a parent makes a claim for emergency custody and it is decided by the courts to be false, there can be penalties incurred to that parent, or time with their children may be lessened as a result.
Why OMG Law Firm?
There are many situations that we honestly hope never arise in your life, resulting in you having to call us. This is one of them. We are, however, prepared to assist you in protecting your family and will help you to navigate these situations and keep your family safe. With multiple years of helping other families do the same, we are prepared to help you and are confident in our ability to do so. Contact our Jonesboro, Arkansas offices today at (870) 330-7324 to speak with one of our family lawyers in confidence. We will discuss your specific situation and concerns, formulate a plan that works for all parties, and move forward.