When a parent is worried about the safety of their child, nothing is more important to them than getting the child to a safe place. If a parent shares physical custody or "possession" of a child with another parent, they are typically expected to follow the custody plan. However, if circumstances warrant it, a parent may get emergency custody of a child. An emergency custody order gives a parent immediate custody of a child without needing to go through the motions of requesting a child custody modification via the usual route.
When Does a Situation Necessitate an Emergency Custody Order?
The courts seek to preserve the current custody arrangement unless there is a strong reason to deviate from the arrangement, so emergency custody orders are not granted lightly. Texas law states that a temporary emergency order may be issued if the child's current situation would "significantly impair the child’s physical health or emotional development.” Generally speaking, an emergency custody order is appropriate when one of the following situations exists:
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The child is in imminent danger from abuse or neglect.
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