Grandmother and grandchild speaking with attorney

What is Emergency Child Custody?

Every parent wants the best for their child, especially in the event of an emergency. If you find yourself in a situation where the other parent is putting your children at risk, in UTAH you can seek emergency custody through either a Temporary Restraining Order (T.R.O.) or a Child Protective Order (C.P.O.). In this blog, our team will go over obtaining emergency child custody, including some things you can expect during the process.

Emergency Child Custody

Emergency child custody is a legal process that allows an adult to take temporary custody of a child in an emergency. This can be a lifesaving measure if there is no other viable option for keeping the child safe. If you find yourself in a situation where you need to take emergency custody of a child, it is vital to understand the process and what steps you need to take to protect the child.

Granting Custody

Before obtaining emergency custody, a motion for a T.R.O. or a request for a C.P.O must be filed with the court—this will explain the need for emergency custody. We recommend speaking with a family law attorney before filing a motion or request to ensure all steps go smoothly. After filing a successful petition, custody is typically granted by the judge within a few days, sometimes hours, after receiving the petition. Emergency custody is initially granted for a limited time until a hearing can be held.

Expect a hearing to be scheduled within a few days or weeks of the decision on temporary custody. This time, the other parent will be there to give their stance on the situation. If it’s proven that the other parent is a risk to the child, the emergency order will usually stand until more permanent orders can be addressed.

Pearson Butler is Here to Help

Making a difficult decision, like seeking emergency custody, is a parent’s worst nightmare. A parent must act as quickly as possible in an event like this. If you need to file a motion or request with the court to seek emergency custody, do not hesitate to give Pearson Butler a call today. We’ll be able to provide you with not only short but long-term solutions that can keep your family safe.

Call our office at (800) 265-2314 or visit our website to get started on a consultation request form.