In Texas, emergency custody orders are vital tools for protecting the health and safety of children in volatile living situations. These orders award custody of a child to a different party temporarily before a full custody hearing can take place. Emergency custody orders are only used when the court has evidence that a child is in immediate danger of serious harm.

These orders can be issued without the participation of the child’s parents in some cases. When this happens, the parents or guardians have the right to a formal hearing as soon as reasonably possible. If you are concerned about a child in your life, Barton & Associates Attorneys at Law, PLLC, is here to help.

What is an Emergency Custody Order?

Emergency custody orders—also referred to as temporary restraining orders—are issued by a judge when the immediate safety of a child is at risk. These orders provide immediate, temporary rights to someone other than the parent or guardian, and they can be awarded without formally notifying the parent beforehand. The relevant provisions for these orders are outlined in the Texas Family Code Section 262.

There are many situations where an emergency custody order might be appropriate. They could be used when a child is facing abandonment or neglect. They are also appropriate during physical, emotional, or sexual abuse.

Emergency custody orders are commonly used when the parent or guardian places a child at risk of harm. This might involve a parent facing substance abuse issues or a mental health crisis. An order could also be appropriate following a threat of parental kidnapping.

Understanding the Process for Emergency Custody Orders in Texas

Securing an emergency custody order starts with preparing a sworn affidavit outlining the reason court intervention is necessary. In addition to the affidavit, a Petition for Temporary Restraining Order must be completed.

Once the initial documents are filed, you will need to have a court hearing scheduled. These are known as ex-parte hearings, which mean both parties are not present. The judge will review the sworn statement and any supporting documentation before deciding if there are grounds for an emergency order.

If the order is granted, law enforcement will serve a copy to the parent or guardian. They will then have a chance to be heard during a court proceeding to determine if the emergency order should be dropped or made indefinite.

Call Today to Learn About Emergency Custody Orders

If you are concerned about the possibility of neglect or abuse, an emergency custody order might be appropriate. At Barton & Associates Attorneys at Law, PLLC, our attorneys understand what the courts are looking for when they consider an emergency custody order. Let our team of professionals assist you with every aspect of your petition. Call us today to learn more.