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How to File for Emergency Custody in Texas

If you are concerned about your child’s well-being while in the care of his or her other parent, it may be time to file for emergency temporary custody in Texas.

If you don’t have any legal experience, this process can be intimidating. That’s why you should find out what to expect, and then contact a Texas child custody lawyer before you begin your case.

What Is an Emergency Custody Order in Texas?

An emergency custody order in Texas is a way to put legal measures in place that protect minor children from being harmed by their parent. If you have evidence that your child is in danger, filing for emergency custody in Texas will temporarily change custody without notifying the other parent.

While acquiring emergency temporary custody in Texas, you’re getting a Temporary Restraining Order (TRO) that comes with a Request for Extraordinary Relief. This allows you to put the order in place before having a hearing, but you do have to provide support for your statement that your child is in danger.

To get started filing for emergency custody in Texas, talk to the Moffett Law Firm child custody lawyers in Houston to arrange for legal representation.

How to File Emergency Custody in Texas

While determining how to file emergency custody in Texas, your first step should be to file a custody petition. You can choose from a few petitions, including the establishment of paternity, petitions related to divorce in Texas, and modification of an existing custody order. Your lawyer will help you choose the right petition. You will then need to request a TRO that asks for Extraordinary Relief.

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Your petition for custody will need to discuss what the danger to your child is, and why the judge has a duty to sign the motion without notifying the other parent first. After all, the judge usually listens to input from the other party before signing orders. If you want him or her to deviate from this standard, you will need to include evidence of why this is an emergency.

What Kind of Evidence Do I Need When Filing for Emergency Custody in Texas?

Part of learning how to file emergency custody in Texas is knowing what kind of proof to provide. To get emergency temporary custody, Texas Courts require you to show that your child is in immediate danger. It could be due to physical abuse, sexual abuse, or drug or alcohol abuse by the parent.

Verbal or emotional abuse typically doesn’t qualify as dangerous enough for emergency temporary custody in Texas. The proof you offer the court could be in the form of police reports, pictures, affidavits, text messages, videos or anything else that proves that you are right to be concerned about the child.

Temporary Custody Forms in Texas

You can get temporary custody forms in Texas from the Courts, which your lawyer can help you properly fill out. You’ll need to file those forms with the Court in the county where your child lives. Make sure you bring originals of any documents you include in your petition, as well as a few copies.

How Long Does It Take to Get Emergency Custody?

There’s no exact timeframe for a temporary custody order in Texas but note that the Courts try to move as fast as possible on this kind of case. Some counties can grant the order the same day it’s filed, effective immediately. Others require you to wait for the judge to review the petition and supporting evidence carefully.

Whether you get temporary child custody in Texas right away or you must wait, you’ll still have to prepare for a hearing shortly afterward to figure out a more permanent custody arrangement. That’s when the other parent will have a chance to provide a defense.

Whether you need help learning how to file for emergency custody in Texas or have questions about child custody in general, contact the Moffett Law Firm for guidance. Our Houston divorce attorneys are caring and experienced.


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