When you believe the health or safety of your child, or a child you know, is at risk in the care of a custodial party, you can petition the court for emergency child custody. Specific rules apply in these cases, and seeking legal custody can be complicated. An experienced Fairfax emergency custody lawyer will help guide you through the process.
At Melone Hatley, P.C., we are committed to helping our clients ensure the well-being of their children. For over a decade, we have been helping people file for emergency custody to protect the health and safety of their children. Our Fairfax custody and visitation lawyers are ready to help with your case today.
Contact us to schedule a free initial consultation with one of our Client Service Coordinators today.
When to File for Emergency Custody in Fairfax
The standards for filing a petition for legal custody under normal circumstances require that the party requesting custody demonstrate that the request is in the best interest of the minor child. However, for emergency custody, you merely have to show enough evidence to convince the court that there is a legitimate threat to the safety of the child in their current environment.
If you fear for the safety of your child or another child with whom you have a close relationship, contact an experienced Fairfax family lawyer from our firm as soon as possible. When you hire our team to help with your case, we will take swift action to bring the emergency custody petition before the court and get the child out of danger.
Once the child is safe under the emergency custody order, our Fairfax emergency custody attorneys will help you secure permanent custody if you want to serve as the custodial parent. We will also help with custody arrangements, visitation arrangements, and any child custody issues that arise.
Who Can File an Emergency Custody Petition in Virginia?
In Virginia, emergency custody petitions can be filed by a range of family members, depending on the circumstances. In extreme cases, a non-relative with a significant connection to the child could also file for emergency custody to remove the child from a dangerous environment.
The closer the relationship between the party filing for custody and the child, the more likely the court is to grant an emergency custody petition. If you fear for the safety of a child with whom you have a close relationship, filing an emergency custody petition can be the best option for getting that child out of harm’s way.
People who can file for an emergency child custody order include:
- Parents without physical custody rights
- Stepparents
- Adult siblings
- Grandparents
- Certain extended family members, such as aunts, uncles, or adult cousins
- Close friends of the family
Situations that typically warrant an emergency custody petition include physical abuse, sexual molestation, abandonment, neglect, or a custodian’s substance abuse issues.
When you file an emergency custody petition, the court will schedule a hearing, usually within a day or two, to ensure your child’s safety. The judge will review the evidence to determine if immediate action is necessary to protect your child. Our attorneys will provide dedicated legal representation every step of the way and work toward a favorable custody agreement.
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Jurisdictional Requirements for Emergency Custody
With standard custody arrangements, certain jurisdictional requirements must be met in order for a Virginia court to render a custody ruling. However, these requirements do not apply in emergency custody cases. As long as your child is physically present in Virginia when the motion for emergency custody is filed, the court can grant emergency custody.
There are no residency requirements that must be met. While the Uniform Child Custody Jurisdiction and Enforcement Act requires states to defer to any decisions rendered by a family court in the child’s state of residence, emergency orders in other states that temporarily modify custodial rulings are permitted.
However, to make an emergency order permanent, you will have to go through the court in the state where your child has residency.
An Experienced Fairfax Emergency Custody Attorney Can Help Prove the Need for an Emergency Custody Order
For an emergency custody motion to be successful, you will need to prove that your child has been victimized or is at risk in their current environment. Some of the dangers that can prompt a judge to grant an emergency custody order include:
- Child abuse, including physical abuse and sexual abuse
- Abandonment
- Neglect
When you hire our emergency custody attorneys serving Fairfax, VA, to help with your case, we will collect evidence that proves your child has suffered some form of abuse or is at serious risk of coming to harm. Our Fairfax child custody lawyers will act quickly to remove your child from the dangerous situation.
Our lawyers will help you complete and file all the required paperwork quickly. Then, we will represent the interests of your child in court at the expedited hearing, which will likely take place within days. Our legal team will work toward a child custody arrangement that prioritizes your child’s best interests.
Moving to Make an Emergency Custody Order Permanent
Once you have secured temporary custody through an emergency custody order, the next step will be to ensure long-term protection for your child. Whether you are hoping to secure custody for yourself or looking to find another solution that keeps the child out of harm’s way, there are several steps you will need to take.
If you are seeking permanent custody, an experienced emergency custody attorney serving Fairfax can help you prepare your case and show that securing permanent custody is in the long-term best interest of the child.
It’s important to understand that even if a Virginia court grants you emergency custody, that does not necessarily mean that your standard custody case can be handled in the state. Our experienced Fairfax custody modifications lawyer will help you determine your eligibility for filing for custody and ensure you follow all of the requirements to secure permanent custody.
Get Help from an Experienced Emergency Custody Lawyer Serving Fairfax Today
If you are trying to protect your child or another child you have a close relationship with from a dangerous custodial arrangement, you can secure the service of an experienced Fairfax emergency custody lawyer.
At Melone Hatley, P.C., our family law attorneys are committed to helping keep children safe and providing compassionate legal counsel.
We’ll review all the details of your child custody matter and ensure you can make informed decisions. Our compassionate team is ready to help. Our client testimonials tell the story of the service you can expect if you work with us. Contact us by phone or through our website to schedule a free case consultation with our Client Services Coordinators.
