If you are worried about your child’s health or safety, or another child you care about, while under the care of their current guardian, you may need to file a petition for emergency child custody. An emergency custody order filed in family court can swiftly get the child out of a harmful situation. An emergency custody lawyer in Chesapeake can assist you with filing.
Melone Hatley, P.C., uses our 200–plus years of combined experience to help parents and concerned loved ones secure emergency custody and protect children. Our Chesapeake child custody lawyers are here to provide the legal support you need. Set up your free initial case evaluation today with one of our Client Services Coordinators.
Understanding When You Should File an Emergency Custody Petition
Typically, custody arrangements require evidence that the proposed situation is in the best interest of the child. However, for emergency custody orders, you only need to demonstrate that there is a legitimate threat to the child’s safety in their current environment.
If you are worried about a child’s physical or emotional well-being while they are in their current custodian’s care, reach out to an experienced Chesapeake family lawyer right away. Your attorney will act quickly to present the emergency custody petition to the court and work to ensure the child’s safety as soon as possible.
After the child is out of harm’s way under an emergency custody order, your lawyer can help you through the necessary steps to pursue permanent custody if that is your objective.
Steps Involved in Making an Emergency Custody Order Permanent
After securing temporary emergency custody, the next step is to assess the child’s long-term best interests. Whether you aim to obtain permanent custody for yourself or find another safe arrangement, our experienced emergency custody attorneys serving Chesapeake can help you complete the necessary steps.
If your goal is to become the child’s permanent custodian, we can help you build a strong case demonstrating that permanent placement with you is the best solution. We understand the sensitivity of these situations and will provide compassionate support throughout the process.
While a Virginia court may have the jurisdiction to grant you emergency custody rights, additional steps may be required to make those rights permanent if the child is not a Virginia resident. An experienced Chesapeake custody and visitation modifications lawyer can help you explore your options for securing permanent custody.
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How a Chesapeake Emergency Custody Attorney Can Help Prove the Necessity of an Emergency Order
To successfully file an emergency custody petition, you must demonstrate that the child has been harmed or is at serious risk in their present environment. Common situations that lead to emergency orders include:
- Neglect
- Sexual abuse
- Physical abuse
- Abandonment
When you enlist the help of one of our experienced emergency custody lawyers, we will act quickly to gather the necessary evidence to establish that the child has suffered abuse or that there is a significant risk of harm.
Our team will quickly file the emergency custody paperwork and advocate for the child’s safe placement during the expedited court hearing.
Emergency Custody Order Jurisdictional Requirements
While standard custody cases have several jurisdictional requirements, the process for obtaining emergency custody orders involves fewer hurdles. The child need only be physically present in Virginia when the petition is filed for a Virginia court to issue an order for emergency custody without worrying about residency requirements.
In standard custody matters, a judge is required to defer to any custody orders established by the home state of the child as per the Uniform Child Custody Jurisdiction and Enforcement Act. However, the court can make temporary modifications to those rulings if the child’s safety is in danger.
If you aim to make an emergency order permanent after it is granted, you will need to pursue the appropriate legal channels in the child’s state of residence.
Who Can File for Emergency Custody in Virginia?
In Virginia, various family members may file emergency custody petitions based on the circumstances. In extreme cases, a non-relative with a significant connection to the child might also be allowed to file a petition to protect the child from a dangerous situation.
The closer the relationship between the petitioner and the child, the more likely the court will grant an emergency custody order. If you share a close bond with a child you believe is at risk, seeking emergency custody may be the best option to ensure their safety.
Individuals eligible to file for emergency child custody in Virginia include:
- Parents with existing custody and visitation orders
- Parents without physical custody rights
- Stepparents
- Grandparents
- Older siblings
- Aunts, uncles, or older cousins
- Close family friends
Common circumstances that warrant an emergency custody order include threats of abandonment, physical abuse, sexual abuse, neglect, or substance abuse issues involving the custodian. When handling an emergency petition, the court typically schedules a hearing within a day or two to quickly assess if immediate action is necessary for protecting the child.
Contact an Emergency Custody Lawyer Serving Chesapeake Today
When seeking protection for your child or for any other child you care for, hiring an experienced emergency custody lawyer in Chesapeake can make a significant difference. At Melone Hatley, P.C., our team strives to ensure the best interests of children are upheld in all matters of family law.
Reach out to us through our website or by giving us a call to schedule your free initial case consultation today. You can also read our client testimonials to understand the level of service you can expect when working with our team.
