Filing For Emergency Temporary Custody In Texas With A Child Custody Lawyer In Texas

A Child Custody Lawyer In Texas Lists The 9 Steps To Follow When Filing For Emergency Temporary Custody In TX

1. The Process of Filing Emergency Custody in Texas

The need for a skillful lawyer in obtaining an emergency custody temporarily in Texas will be essential. Please note that the information listed here is not to be considered legal advice but rather an overview of the legal situation involved with filing a motion for temporary custody, what you will need to gather as court evidence and what will happen as a result of the petition to obtain this custody.

2. Does this count as an emergency?

Of course, the question burning at the front of your mind is “How can I file for a temporary custody in Texas “but the judges will have a set of the question of their own. Judges are not in the habit of breaking up families at random and will require specific unequivocal evidence that the child in question is actually at risk if they were to remain in their home.

What qualifies as high-risk?
–An extremely unsafe living space
–Child abandonment
–Alcohol abuse
–Drug abuse
–Sexual abuse
–Physical abuse

Any of the above-mentioned conditions are enough to be considered an “Immediate Danger” to the child and a cause to contest custody. Both verbal and emotional abuse can also be a cause to seek temporary custody but it will be up to the judge to decide if the case is actually an emergency. The judge will probably need more than your word that the child is in any danger and the need for a child custody lawyer in Texas will be important. You want to make sure to have a lawyer by your side during this process. 

3. Is there enough evidence?

One of the most challenging aspects of seeking temporary custody in Texas is proving the child you are concerned about is in actual danger. Some good places to begin your collection of evidence will be with digital communications such as emails, text messages, and images. If the child’s parent or guardian has been involved with a legal situation before, there may police reports to support your claims, but witnesses will probably be needed to make an established claim. A qualified child custody lawyer Texas will probably be able to provide you with more advice on the way

4. Which courthouse in Texas should you visit?

To correctly file your motion for temporary custody in Texas it will be important to get the right courthouse, which will be the one in the district of the county in which the child and their family presides. You will also want to research the specifics of the process as they can differ from county to county.

5. Filling out a petition for emergency custody

There are a variety of different types of custody orders that you will need to consider as they apply best to your situation. Your family lawyer can help you decide which is best for your specific needs. The petition you prepare will become the motion for custody. In Texas, a Motion is essential for a Judge to sign an order. We will discuss the order in just a moment.

6. Attaching an affidavit to your petition

The affidavit is an essential part of your petition, this is where you will get to make your compelling argument as to why this child is in immediate danger and why they need a change in custody. Evidence will be included in your affidavit and you will need to provide several copies of this.

 7. Filling out a Temporary Restraining Order (TRO) Extraordinary Relief

The restraining order signed here is a bit different from your average TRO in that it includes the affidavit mentioned before. Once the Judge signs the TRO, it is in effect without providing any notification to the other party

8. Serving notice to the other party

The way the other party will be notified will depend largely on the details of the case itself. Unless there is already a lawyer working for the other side, the law requires that you provide at least 3 days advanced warning before the hearing.

9. Preparing for your hearing

Finally, never forget that even if you have followed all these steps just right, you have only arrived at the temporary hearing. The hearing itself will require the services and experience of a qualified Child Custody lawyer in  Texas to receive a favorable outcome.

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