Nothing matters more than your child’s safety and well-being. If your former spouse has harmed your child or is acting dangerously, you can take legal measures to take emergency custody of your child. However, obtaining an emergency custody order requires thorough preparation, a deep understanding of the relevant laws, and help from a knowledgeable attorney.
At BB Law Group PLLC, our child custody attorneys in The Woodlands, TX, understand every child’s need for a safe and loving home. We can assist you with filing an emergency custody order, represent you in the required court hearings, and help you make the case for permanent, sole custody if it’s in your child’s best interests. Read on to learn how to get an emergency custody order in Texas.
What Is an Emergency Custody Order?
The formal term for an emergency custody order in Texas is a Temporary Restraining Order (TRO). A TRO is a court order specifying that the subject must take or avoid certain actions until the courts can convene a formal hearing to decide the issue. In a child custody dispute, a TRO typically orders one parent or guardian to stay away from and avoid contacting a child until the courts can resolve the issue.
What Qualifies as Emergency Custody?
If a court grants an emergency custody order, it means that the parent or guardian has sole physical and legal custody of their child until the courts can hold a formal hearing. At the formal hearing, a judge will weigh the evidence and decide whether to award sole custody to the parent or guardian who requested the order, change an existing custody arrangement, or take other steps to protect the child.
Steps to Obtain an Emergency Custody Order in Texas
First, get your paperwork together. You’ll need to fill out a sworn affidavit, which is a document where you write down exactly why your child is in immediate danger and why you need emergency custody. You must show that your child is in immediate danger and that an emergency order is the only way to keep them safe, so be clear and include all the details. Along with the affidavit, complete a Petition for Temporary Restraining Order and a Proposed Order.
Next, you’ll go to an ex parte hearing. An ex parte hearing is a meeting with a judge where only you are present, not the other parent. The judge will look at your affidavit and other paperwork to decide whether your situation merits an emergency order. If the judge says yes, they’ll make a temporary order right then and there without needing to hear from the other parent.
Finally, the other parent needs to know about this order. After the judge approves it, a legal professional like a process server or law enforcement officer will deliver the order to the other parent. This step is crucial because it officially tells the other parent about the order and what they can or can’t do.
What Happens After Emergency Custody Is Granted?
A TRO is only good for 14 days, but a judge can order a 14-day extension one time. Usually, a judge will convene a full hearing within 14 days of issuing a TRO. At this hearing, both parties have the chance to present their case to the judge. The judge can then modify it, dismiss it, or make it permanent.
Tips for Obtaining Emergency Custody Orders in Texas
It’s not easy to obtain an emergency custody order in Texas. Keep these tips in mind as you start the process to give yourself the best chance of convincing the courts:
- Work with a knowledgeable attorney: Hiring a lawyer who knows the ins and outs of family law can make a big difference. They can guide you through each step and help you present your case clearly and effectively.
- Document everything: Gather any evidence that shows why your child needs protection. This can include text messages, emails, medical records, or witness statements.
- Be specific in your affidavit: When you write your sworn statement, include as much detail as possible about the danger to your child. The more specific you are, the better the judge will understand your situation.
- Stay calm and focused: Court proceedings can be stressful, but staying calm helps you think clearly and communicate better.
- Prepare for the hearing: Review your documents and practice what you want to say. Being well-prepared can help you feel more confident during the hearing.
Contact Our Attorneys Immediately for Help with an Emergency Custody Order
You have no time to lose if your child is in danger, and BB Law Group PLLC can help you make a compelling case for an emergency custody order. Contact us now at (832) 534-2589 for a consultation.