When facing challenging situations like divorce or dealing with concerns regarding your child’s safety, obtaining an order for temporary custody can be essential for protecting your child and providing stability. A temporary custody lawyer in Chesapeake can help you through every step of the process.
The legal team from Melone Hatley, P.C. knows how distressing it is to worry about your child’s well-being. Our compassionate Chesapeake child custody lawyers have more than 200 combined years of experience handling temporary custody cases. Reach out to us to set up a free case review with a Client Services Coordinator from our firm today.
What a Temporary Custody Lawyer in Chesapeake Can Do to Help
To secure an order for temporary custody, whether during a typical separation process or through an emergency filing, you must submit your petition to the court for temporary custody. Part of this process involves filing an affidavit that outlines all relevant details related to your case, which the court will take into account before issuing a ruling.
While emergency temporary custody can be granted immediately, the court will schedule a hearing shortly after granting the emergency order, allowing each party to present their cases for custody.
An experienced Chesapeake family lawyer can act swiftly to build a case on your behalf, ensuring you are prepared for your hearing. An order for temporary emergency custody is only step one in a longer process of protecting your child’s safety.
Temporary Custody Explained
A temporary custody order grants the petitioning party custody of a child for a set duration. Temporary custody orders are most commonly granted during the period of separation preceding a divorce or in situations where serious concerns have been raised about a child’s safety and welfare.
In emergency cases where a child may be in immediate danger, the court may choose to issue a temporary custody order immediately without providing notice to the party whose custody rights will temporarily be revoked. This allows the court to take your child out of a potentially dangerous environment without delay.
Regardless of your reason for filing for temporary custody, an experienced Chesapeake custody and visitation modifications lawyer can take steps to ensure your parental rights are protected while advocating for a temporary custody order needed to protect your child.
Chesapeake Temporary Child Custody
Lawyer Near Me
757-296-0580Emergency Situations and Temporary Custody
In cases involving immediate danger to your child from your former spouse or an alternative caregiver, petitioning for emergency temporary custody is likely going to be your best option for protecting your child. This order immediately removes your child from any potentially dangerous situation.
When you submit an ex–parte, or emergency petition, the judge handling the case will carefully review the circumstances to ensure the safety of your child, considering various factors, including:
- Threat of child abduction or removal from the state
- Sexual abuse allegations
- Risk of immediate danger or harm
Preventing Abduction and Removal From the State
If you are concerned about your child being abducted or removed from the state against your wishes, you can submit a temporary custody petition.
The court will review any evidence you provide, and if they decide there is a genuine risk, they will issue an order preventing the other party from removing your child from the jurisdiction of the court.
If your spouse violates your custody arrangement and removes your child, a temporary custody order may be granted to return your child to your care immediately. Such actions could also result in the permanent loss of your former spouse’s parental rights and the filing of criminal charges for parental kidnapping or abduction.
Responding to Allegations of Sexual Abuse
If the court determines that there is a credible threat of sexual abuse, swift action will be taken to get your child out of harm’s way. If you have reason to believe there is a threat of sexual abuse to your child, filing an emergency order for temporary custody is the best way to protect them.
Protecting Your Child from Immediate Danger or Harm
If your child is suffering mental, physical, or emotional abuse from your ex-spouse, you can seek an emergency temporary custody order. The court will approve this order if they deem the abuse poses an immediate danger to the well-being of your child.
The threat to your child does not need to come from your ex-spouse directly. If they introduce another party into the home or expose your child to drugs or alcohol, a judge may grant a temporary custody order to remove your child from the dangerous environment.
Temporary Custody During Separation in Virginia
In Virginia, a no–fault divorce involving children requires a minimum one–year separation before either party can begin divorce proceedings. During this period of separation, it is critical to make a clear plan regarding custody.
You can create a temporary custody arrangement by collaborating with your spouse and outlining a temporary parenting plan. Your temporary custody agreement should outline key details of how custody will be handled, including communication, parenting time, and exchange procedures. If you are unable to reach an agreement, you can petition for a temporary custody order.
Retaining the services of an experienced temporary custody attorney serving Chesapeake can make a significant difference and improve your chances of ensuring a situation that best meets the needs of your children. If the opposing party does not respond or challenge the order, the court may choose to make the temporary custody arrangement permanent.
Reach Out to a Temporary Custody Attorney in Chesapeake Today
If you have significant concerns regarding the safety of your child or are involved in a custody battle, the best way to ensure your child’s well-being is to secure the services of an experienced lawyer. The Chesapeake temporary custody lawyers at Melone Hatley, P.C. are dedicated to providing you with compassionate and personalized support throughout the process.
Contact us to schedule a free case evaluation today. You can also learn more about the service we provide by reviewing our client testimonials.
