Alpharetta Emergency Custody Lawyer
If you believe your child’s safety is at risk, quick action is essential. Georgia family law allows parents (or guardians) to request emergency custody to protect a child from immediate harm. For example, if one parent discovers their child has unexplained injuries after visiting the other parent’s home and the child expresses fear of going back, an emergency custody request may be appropriate.
In these cases, an Alpharetta emergency custody lawyer from our team at Atlanta Divorce Law Group can help you navigate the process. We know how stressful and frightening these situations can be for both you and your child. We also understand that legal action must happen promptly. Our team of knowledgeable attorneys is ready to take appropriate legal action to ensure the safety of your child.
When Is Emergency Custody an Option?
Disagreements about issues such as parenting styles are not appropriate reasons to request emergency custody. For a Georgia family court to grant temporary custody, there must be an imminent threat to your child. Examples include:
- Physical or sexual abuse;
- Exposure to domestic violence;
- Drug or alcohol abuse in the home;
- Neglect or serious lack of supervision;
- Abandonment;
- Unsafe living conditions.
If the judge makes a ruling in favor of temporary custody, you must provide evidence of the danger to your child. However, Georgia family courts take exaggerated claims seriously. If the judge believes the claims were untrue, there can be penalties against the parent who misused the emergency custody process. Our Alpharetta lawyers can help you decide whether a petition for immediate custody is appropriate. In cases where it is not justified, we can explore alternatives, such as modifications or supervised visitation.
How the Request Process Works
Under Official Code of Georgia Annotated § 19‑9‑3(a)(2), Georgia family courts must prioritize a child’s safety and well-being when determining custody. When evidence shows there is an immediate danger to the child, such as abuse or neglect, the judge can grant a temporary custody order and modify existing arrangements under O.C.G.A. § 19‑9‑3(b). The judge can grant this order within hours or days, depending on the facts of the case. A hearing will then follow to decide if the temporary custody order should remain in place.
To obtain emergency custody, the requesting party must file a motion in the proper Georgia family court. The motion must include supporting evidence, such as police reports, medical documentation, sworn affidavits from witnesses, or text messages or emails indicating abuse. In many cases, the judge will review the motion without notifying the other parent. This is a process known as an ex parte hearing. If the judge grants the temporary custody order, it may go into effect immediately. The other parent will then receive notice of a follow-up hearing, where both parties can present their side. These cases move quickly, which is why it is critical to have an attorney in Alpharetta who is experienced in urgent child custody matters and can respond quickly.
Talk to an Alpharetta Attorney About Emergency Custody Today
If you are worried that a co-parent has put your child in immediate danger, you may need urgent legal action. An Alpharetta emergency custody lawyer from our firm can guide you through the process and help you take fast, decisive steps to protect your family. We work as a team to protect families and find solutions that serve a child’s best interests. Call the Atlanta Divorce Law Group today to schedule a meeting to discuss whether your emergency custody request is the appropriate next step.
