When Do You Need to Ask for It? What Is the Process in Texas? Who Can Ask for It?
Under certain circumstances in Texas, the law allows a person to file a petition for emergency temporary child custody, allowing for action to be taken almost immediately, particularly when doing so is in the best interests of the child. What are the circumstances where a court may grant such a request? What is the process for seeking and obtaining emergency temporary custody? Who may seek such custody under Texas law?
Nearly Half of All Divorce Filings Involve Families with Minor Children
According to a study conducted at Bowling Green State University, about 60% of all married couples have at least one minor child in the home and some 40% of all divorce filings come from parties with minor children. The courts, when overseeing divorces involving families with children, give priority to the “best interests of the child.” In some instances, that necessitates an emergency temporary custody order.
What Is an Emergency Temporary Child Custody Order?
An emergency temporary child custody request, commonly done through an emergency motion or a temporary restraining order (TRO), asks the court to issue an ex parte order, without notice to the parents or other parent, granting immediate physical custody of a minor child to the party filing the petition. As a general rule, the court will only consider the petition if there is evidence that the child faces immediate and irreparable harm unless the order is granted. The most frequent reasons cited for emergency temporary custody include:
- Physical abandonment of the child
- Physical, emotional or sexual abuse of the child
- Exposure to illegal drug use or other illegal activity in the home
- Dangerous or unhygienic living conditions in the home
- A threat by a parent to relocate with the minor child in violation of an existing custody decree
Who Can Seek Emergency Temporary Child Custody?
While it’s commonly one parent seeking emergency temporary custody from the other parent, a third party, such as a close relative, guardian/conservator, or even a state agency (such as Child Protective Services) may file a petition.
Contact DTX Family Law for Sound Advice in a Texas Divorce
At DTX Family Law, we built our reputation and practice by focusing on the needs and best interests of our clients. We have an extensive knowledge and understanding of Texas divorce laws and procedures, including any issues related to college funding in a divorce proceeding. We’ll carefully explain your rights and options, as well as your chances of success, so that you can make good decisions for you and your family. Chrysandra is board-certified by the Texas Board of Legal Specialization, an honor earned by less than one of every ten family law attorneys in the state. To schedule an appointment with a proven and effective Texas family lawyer, visit our website or call our offices at 940-566-0606.
Handling Divorce and Family Law Matters throughout Denton and the surrounding communities, including Denton, Collin, Wise, Tarrant and Cooke counties and the municipalities of Keller, Euless, Hurst, Colleyville, Bedford, Crowley, Lake Worth, Benbrook, Haslet, Saginaw, Watauga, Richland Hills, White Settlement, River Oaks, Forest Hill, Kennedale, Westover Hills, Lakeside, Pelican Bay and North Richland Hills