Crystal Wright | January 16, 2025 | Child Custody Lawyer Near Lawrenceville Georgia
Are you worried about your child’s safety with their other parent? If an issue has arisen that creates a risk of harm to your child with the other parent, you have legal rights in Georgia–including the right to seek an order for emergency temporary custody of your child or children. You will need to prove to a judge that the emergency order is necessary to protect your child or children. An experienced Lawrenceville, GA, child custody lawyer can help guide you through the process.
What is Emergency Temporary Custody?
Emergency temporary custody orders are legal measures designed to address urgent situations where a child’s safety is at risk. In Georgia custody cases, a standing order typically governs the child custody schedule and other terms. Modifying this standing order can take weeks or even months, especially in highly contested cases.
However, in extreme situations where a child faces immediate danger, emergency temporary custody can be granted. The parent requesting the emergency order must demonstrate that the child is at immediate risk of harm if the order is not issued. These orders are often granted on an ex-parte basis, meaning the other parent is not present during the decision.
Common Reasons to Seek Emergency Temporary Custody in Georgia
Courts will not grant temporary custody on an emergency basis without a convincing reason. Changes in custody–even temporary–are not taken lightly by the legal system because of the impacts on the children involved. Filing for emergency custody for a non-serious reason can backfire against you. However, if you have good reason to believe an emergency change is needed to protect your child, the courts will listen.
Common reasons for emergency temporary custody to be granted by the court include:
- Child abuse
- Child endangerment
- Domestic violence
- Drug use
- Drunk driving
- Arrest of a parent for any other serious crime
- Sex offender moving into the child’s home
- Serious mental health concerns with the other parent
- Serious physical health concerns that would prevent the other parent from caring for a child properly
- Threats to abduct a child or take a child out of the state.
These are some common causes for emergency motions to be filed. However, many other situations can present immediate threats to children that support filing for temporary custody. An experienced Georgia child custody lawyer can review the facts of the situation and guide you in the right direction.
How Do I File For a Temporary Custody Order?
To file for an emergency temporary custody order in Georgia, you should file the proper forms, including a motion for an emergency hearing if a child custody case is already in place. Your county might have its own particular forms involved, so be sure to check with your county clerk. Getting the paperwork right is an important part of getting your hearing schedule and an order granted.
Your emergency motion must explain what the emergency is and why you need a court’s temporary custody order to protect your child’s safety and well-being. The court will need to know, in detail, why they must act quickly to protect your child. The procedure for filing a temporary custody order can be somewhat complex. Ideally, you’ll have the help of a lawyer with a track record of success in this area.
How Long Does a Temporary Child Custody Order Last?
How long an emergency temporary custody order lasts will depend on the circumstances involved or what the order says. Temporary custody orders typically stay in effect until:
- The court ends the order
- The court modifies the order
- The court enters a final order
- A date set within the temporary order expires.
You will want to make sure you follow the terms of any temporary order for as long as it remains in place.
Contact a Lawrenceville, GA, Child Custody Lawyer Today
If a situation has come up that threatens the safety of your children while they are with their other parent, you have legal options. An emergency temporary child custody order is possible, but you must act quickly. Our dedicated Lawrenceville child custody attorney at Crystal Wright Law can help you through each step of the process. Contact our legal team to schedule a consultation and learn more.
We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm:
Crystal Wright Law Lawrenceville
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 891-0134