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When Can You Request an Emergency Child Custody Order?

Are you afraid that your ex-partner will take your children away and flee the country or hide? If so, you can seek an emergency custody order in court. You may want to contact a family attorney to ask that the judge issue an order that will prevent the other parent from taking your children out of state or the country, or that the other parent is only allowed supervised visitation.

Here we will give information about the emergency custody order, and the circumstances in which you should apply for one.

Emergency Custody Order: An Overview

A judge considers several factors when deciding whether to issue an emergency custody order or not. Generally, if someone has made a threat to take away your child, you can qualify for an emergency custody order. Also, keep in mind that it is illegal for a parent to take a child out of state in two conditions:

  • An active child custody case is pending in court
  • There is a provision of the child custody case that prohibits the parent from taking a child out of state.

If a partner illegally takes a child out of state, he or she will be charged with parent kidnapping. The laws that address parental kidnapping, which is also known as custodial interference, are different in each state. Once the parent is found, the judge will order an emergency custody order to prevent that parent from taking the children out of state again.

Other factors that may be considered before issuing an emergency custody order include whether the persons have equal parental rights (for example, if they are married), or if the father’s paternity has been established.

Also, an important fact that can weigh heavily is whether the parent planned to take the child permanently or only for a short duration, such as to visit a theme park. The judge will issue an emergency custody order only when it is firmly established that a partner threatened to take the child permanently out of the state.

An emergency custody order will prevent the partner from taking the children out of the state. You should contact an experienced family attorney that specializes in child custody matters. The lawyer will gather all the required evidence to prepare a solid case for you in the court.

Additionally, the family attorney will offer advice on how to prevent the abduction of the child. The lawyer will try to convince the judge that the chances of the other parent taking the child are strong and that your concerns are “reasonable” based on the facts.  The attorney can also request that the judge force the other parent to post a bond that would cover the cost of trying to relocate the child if he or she were to be abducted.


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