When you have serious concerns about the health or safety of your child or a child you care deeply about, being in the care of their current guardian, you can take action to petition the court for emergency child custody. An emergency custody order will quickly remove the child from harm’s way. A Virginia Beach emergency custody lawyer can guide you through the process.
At Melone Hatley, P.C., we have been helping parents and other concerned loved ones file for emergency custody to protect the well-being of children for over a decade. Our Virginia Beach child custody lawyers are ready to provide the support and legal assistance you need. Schedule a free case review with one of our Client Services Coordinators today.
When to Petition the Court for Emergency Custody
Normally, custody decisions require demonstrating that the requested arrangement is in the child’s best interest. However, with an emergency custody order, all you need to prove is 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 in the care of their current custodian, contact an experienced Virginia Beach family lawyer immediately.
Your attorney will move quickly to bring the emergency custody petition before the court and work to get the child out of harm’s way as soon as possible.
Once the child is safe under the emergency custody order, your lawyer can guide you through the process required to secure permanent custody if that is your goal.
Who Can Petition for Emergency Custody in Virginia?
In Virginia, depending on the circumstances, various family members can file emergency custody petitions. Under extreme circumstances, a non-relative with a significant connection to the child could also be permitted to file an emergency custody petition to remove the child from a dangerous situation.
The closer the relationship between the petitioning party and the child, the better the chances that the court will grant an emergency custody order. If you have a close bond with a child you believe is in jeopardy, filing for emergency custody may be the best way to get them to safety.
People allowed to file for emergency child custody in Virginia include:
- Parents with a current custody and visitation order
- Parents without physical custody rights
- Stepparents
- Grandparents
- Older adult siblings
- Aunts, uncles, or older adult cousins
- Close family friends
Circumstances that typically warrant an emergency custody order include the threat of physical abuse, abandonment, neglect, sexual molestation, or the substance abuse issues of a custodian. When an emergency petition is filed, the court will usually schedule a hearing within a day or two to swiftly determine whether immediate action is needed to protect the child.
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Jurisdictional Requirements Related to Emergency Custody Orders
While many jurisdictional requirements must be met in standard custody cases, there are fewer hurdles to clear for emergency custody orders. As long as the child in question is physically present in Virginia when the motion is filed, a Virginia court can grant an emergency custody order without consideration for residency requirements.
When it comes to standard custody, the court will need to defer to any existing custody orders from the child’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act. However, the court can issue emergency orders to modify those rulings temporarily if the child is in danger.
If you wish to make an emergency order permanent after it is granted, you’ll have to go through the courts in the child’s state of residency.
An Experienced Virginia Beach Emergency Custody Attorney Can Help Prove the Need for Emergency Custody
For an emergency custody petition to be successful, you’ll need to demonstrate that the child has been victimized or is at serious risk of harm in their current environment. Some of the most common situations in which emergency orders are granted include in cases of:
- Physical abuse
- Sexual abuse
- Abandonment
- Neglect.
When you secure the services of an experienced emergency custody lawyer from our firm, we will work quickly to collect the necessary evidence to prove that abuse has occurred or show that there is a serious risk that they will come to harm.
Our team will file the emergency custody paperwork quickly and represent the child’s interests in the expedited court hearing, fighting to get them to a safe place.
Steps to Making an Emergency Custody Order Permanent
Once temporary emergency custody is secured, the next step is determining the child’s long-term best interests. Whether that means pursuing permanent custody for yourself or finding another safe arrangement, our experienced emergency custody attorneys in Virginia Beach can guide you through the process.
If you aim to become the child’s permanent custodian, we can help you build a strong case to demonstrate that this is the best solution for the long-term well-being of the child. We understand these situations are incredibly sensitive, and we’ll provide the compassionate support you need every step of the way.
While a Virginia court may be able to grant you emergency custody rights, you may have to take additional steps to make the change permanent out-of-state if the child is not a resident of Virginia. An experienced Virginia Beach custody modifications lawyer can help you determine your options for pursuing permanent custody.
Secure the Services of an Experienced Emergency Custody Lawyer in Virginia Beach Today
When taking steps to protect your child or another child with whom you have a close relationship, hiring an experienced Virginia Beach emergency custody lawyer can make all the difference. At Melone Hatley, P.C., we are dedicated to ensuring that the best interests of children are respected in all family law matters.
Contact us through our website or by phone to schedule a free case evaluation with someone from our legal team, and review our client testimonials to get a better feel for the type of service you can expect if you work with us.
