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Developing custody arrangements is one of the most challenging aspects of divorce or separation. Even if you reach a custody arrangement that everyone can live with, situations can arise that require an immediate change in custody.
Speak with one of our family law attorneys immediately if you believe your children are unsafe with your co-parent. An Atlanta, GA emergency custody lawyer can help you make your case to the court and ensure your children are protected.
When you are unhappy with a custody arrangement, the correct procedure is to seek to modify the existing plan. However, a modification can take many weeks or even months before it takes effect. It is not an effective tool when a child might be in danger.
The law allows a parent to seek an emergency custody order. The parent seeking the order must demonstrate that there is a true emergency and the child is at risk in the co-parent’s care. A request for an emergency order may be justified when the co-parent is:
Other situations of similar urgency may justify a request for an emergency custody order.
Sometimes, children report that they are in immediate danger—perhaps a child texts that they are in the car with a parent who is driving drunk, or their parent is acting violently toward them or a sibling. It is appropriate to report the situation to the police and ask for help ensuring the children’s safety. Once the children are safe, contact our firm’s Atlanta, GA attorneys for advice about obtaining an emergency custody order to ensure the situation does not recur.
The Official Code of Georgia § 19-9-64 allows any court in the state to assume emergency jurisdiction over an endangered child. You do not need to apply for an emergency order before the same family court that issued the original custody order. Emergency custody orders can be granted ex parte, which means that your co-parent is not present or even aware of the request.
When a child is in immediate danger, you can go to the nearest courthouse and complete an affidavit explaining the situation. The more details and supporting documentation you can provide, the more likely a judge will issue an emergency order. When possible and time permits, it is best to work with a member of our Atlanta, GA family law team to complete the affidavit seeking emergency custody.
Sometimes, a judge will grant an emergency order on the same day, but more often, it takes a few days. The order is temporary and remains in effect until a hearing, which will be scheduled within a few weeks. Both you and your co-parent will have notice of that hearing and can present your arguments regarding a permanent change in custody.
Co-parenting is rarely easy. It can be a nightmare when your co-parent is not trustworthy around the children or is experiencing a personal crisis that affects their ability to parent responsibly. When an urgent situation arises, you can seek peace of mind by working with an Atlanta, GA emergency custody lawyer.
Our legal team is ready to help you protect your children. Reach out to our intake specialists today.