Emergency Child Custody Lawyer

When parents choose to go through a divorce, they inevitably have to inherently trust each other to safeguard and prioritize their child’s well-being above all else when they share custody. However, there are instances where this trust can be broken, and a parent may begin to worry about their child’s wellbeing while in the custody of the other parent. When a parent questions whether their child is being abused, or their safety has been compromised, swift action may be necessary to protect the child from physical harm. This inevitably leads to them seeking avenues to keep the child in their custody, which is often done through emergency custody measures.

There are several different terms used to refer to the request for emergency child custody, including seeking an emergency custody order, temporary restraining order, or order of protection, among other legal names. However, these terms are all used in reference to legal actions that protect a child’s immediate safety and well-being. It’s crucial for parents to know which steps to follow when filing a motion for emergency custody, which allows them to take proactive measures to safeguard their child’s best interests and remove them from harmful situations when with the other parent.

Divorce attorneys in Texas, like Eric M. Willie, frequently assist parents with situations where urgent intervention is required to address concerns about a child’s safety or well-being. He can play a vital role in guiding parents through the process of filing an emergency custody order in Texas. Our main goal in these situations is to provide legal guidance, support, and advocacy while also making sure the child is safe and protected. It’s very important for parents to know their rights and options when it comes to protecting their child, including knowing how to start legal proceedings for emergency child custody. By taking prompt and decisive action, parents can prioritize their child’s welfare and safety.

If you are searching for a Texas emergency child custody order lawyer near you, contact Eric M. Willie Austin Divorce Lawyer at 512-748-0834 for a consultation.

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What Is An Emergency Custody Order?

An emergency custody order in Texas serves as a legal avenue to protect minor children from potential harm caused by one of their parents. This type of emergency order can be pursued when there is evidence indicating that the child’s safety or well-being is at risk when with the other parent. If an emergency custody order is granted, a parent will temporarily change custody arrangements without notifying the other parent, which immediately provides protection for the child.

Obtaining an emergency custody order in Texas is typically accompanied by a Temporary Restraining Order (TRO) along with a Request for Extraordinary Relief. This allows the concerned parent to put legal safeguards in place quickly, even before a formal hearing with a judge takes place. However, the concerned parent will need to provide compelling evidence supporting their claim that the child is indeed in danger. This proof is required to ensure the validity and urgency of the request.

To initiate the process of filing for emergency custody in Texas, and compile the necessary evidence, seeking guidance and representation from a knowledgeable child custody lawyer in Austin, like Eric M. Willie, is highly recommended. With legal experience and support by their side, parents can maneuver through the emergency custody process effectively, while effectively prioritizing the safety and well-being of their children when their health or safety is at risk.

What Evidence Is Needed To Get An Emergency Custody Order in Texas?

In order to obtain a restraining order and emergency custody in Texas, presenting evidence is typically required. This evidence must convincingly demonstrate the immediate risk to the child’s safety or well-being. Various scenarios that can be used to obtain an emergency custody order can include:

  • Instances of physical, emotional, or sexual abuse
  • Child abandonment or neglect
  • Threats of parental kidnapping
  • Concerns regarding substance abuse or mental health issues that directly impact the child’s welfare

To prove these claims, evidence proving them can include:

  • Witness statements
  • Medical records documenting injuries or psychological trauma
  • Police reports detailing any instances of abuse or neglect
  • Any other documentation that indicates protective measures for the child

These emergency custody orders are often accompanied by temporary restraining orders (TROs) with orders of protection, can be issued by the court without prior notification to the other parent. This is especially true in cases where it is apparent that the child is in imminent danger. If this is true, emergency custody and restraining orders will grant temporary custody to one parent or impose restrictions on the other parent’s access to the child. These orders will be upheld until a more permanent custody arrangement can be established through subsequent legal proceedings, including a hearing in front of a judge. By providing compelling evidence of the child’s vulnerability and safety risks, it will prove the child’s need for immediate protection. Therefore, concerned parents can take proactive steps to keep their children safe.

Filing For An Emergency Custody Order In Texas

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Filing for emergency custody in Texas can quickly escalate into a stressful and overwhelming ordeal, particularly when a parent fears for their child’s safety. With the stakes high and emotions running rampant, having a Texas child custody lawyer by your side can provide guidance and support. They can navigate the intricate legal process, make sure all paperwork is filed accurately, and advocate for your child’s best interests and safety throughout court proceedings. Ultimately, they provide reassurance and peace of mind during a tumultuous time.

  1. Gather The Necessary Documents – Begin by gathering and preparing the required paperwork. Make sure these documents are accurately and truthfully filled out and filed along with a divorce or child custody modification petition. The necessary paperwork includes:
    • A sworn affidavit that outlines the immediate danger to the child
    • A Petition for Temporary Restraining Order
    • A Proposed Order
  2. Ex Parte Hearing – The next step is to request an ex parte hearing with the court. During this hearing, only one party, referred to as the petitioner (person who filed the emergency custody order), will be present. The judge will review the affidavit and other documents to assess whether there is sufficient evidence in order to grant an emergency custody order without the other parent’s input.
  3. Serve The Order – If the judge grants the emergency custody order, it must be served on the other parent as soon as possible. This is typically done by a process server or a law enforcement officer, so that there is no conflict between parents. Serving the order provides the other parent with information and makes sure they are aware of the restrictions imposed by the emergency order, which includes a temporary restraining order.
  4. Full Hearing – Within 14 days of issuing the ex parte emergency custody order, a full hearing must be scheduled. Both parties will attend this hearing, and have the opportunity to present their arguments and evidence. The judge will then review evidence, and consider testimonies to decide whether to extend, modify, or dismiss the temporary order. If the emergency order is extended or modified, it will then remain in effect until a final custody order is issued as part of the divorce or modification process. If the emergency custody order is dismissed, the original custody arrangement will come back into effect.

Contact A Texas Emergency Child Custody Lawyer Near You

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If you are searching for a Texas emergency custody order lawyer near you, contact Eric M. Willie Austin Divorce Lawyer at 512-748-0834 for a consultation.

Eric M. Willie, a seasoned Texas child custody lawyer, offers invaluable assistance to parents who are going through the complexities of filing an emergency child custody order, while always advocating for the safety of the child. With his experience and legal knowledge in family law, Eric M. Willie provides comprehensive support throughout the entire process. He helps parents in preparing the necessary documentation, including the sworn affidavit detailing the immediate danger to the child, the Petition for Temporary Restraining Order, and the Proposed Order. Eric M. Willie then represents parents in the ex parte hearing, skillfully presenting their case and evidence to support it to the court. He passionately advocates for the issuance of an emergency custody order to protect a child’s best interests and safety. Additionally, he ensures that all legal procedures are followed meticulously and filed on time, including serving the order to the other parent and facilitating the scheduling of the full hearing within the 14-day timeframe. Eric M. Willie’s dedication to protecting and advocating for his client’s and their children’s well-being and rights makes him a trusted ally in times of crisis.


    Reviews of Our Top-Rated Austin, Texas Child Custody Attorneys

    “This firm represented me in my divorce for almost a year and we won all of our hearings. Mr. Willie is an outstanding attorney who know the ins and outs of both family law and the court system. You couldn’t ask for a better lawyer. Highly recommend.” – Valorie Bravo

    “I met with Eric and the hospitality was great. He broke everything down to me perfectly and I greatly appreciated it. He is willing to fight for everything you want to accomplish during your tough times. I would definitely recommend him to anyone needing a Family Attorney!” – Christopher Colter

    “I found Mr. Willie both competent and professional. His strategy to address a modification petition was sound and successful. What impressed me most was his matter of fact way of analyzing the issues. He was candid and kept things simple as well as understandable. No confusing legal talk, just a clear, direct and sensible manner of approaching the conflict. Further, if you’re looking for a lawyer that will go the extra mile, Eric Willie is your man. We encountered a filing issue due to the COVID shutdown and he stayed with it until completion, proving himself a loyal and devoted attorney. I remain grateful for Mr. Willie’s services and would recommend him for any family law proceedings.” – Freddy Erdman

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