16225 Park Ten Place, Houston, TX 77084

English | En español

Call Us832-919-6400

The Foray Firm

When Can a Parent Get Emergency Custody of a Child? 

Posted on in Family Law

Fort Bend Emergency Custody of a Child LawyerWhen 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:

  • The child is in imminent danger from abuse or neglect.

  • The parent exercising possession of the child has become incapacitated due to health reasons or substance abuse.

  • The parent exercising possession of the child has exposed the child to an unsafe environment.

  • The parent exercising possession of the child is unable or unwilling to provide adequate care for the child.

What Are The Options For Obtaining An Emergency Custody Order?

To get emergency custody of a child, you will need to get a Temporary Restraining Order (TRO) and a Request for Extraordinary Relief. You will need to describe your reasons for seeking emergency custody. Make sure to provide detailed information about the type of danger your child is in and why the court should step in and modify custody. You will need to provide evidence of this danger, such as police reports, photographs and videos, text messages, voicemails, or other evidence demonstrating the reasons for your concern.

Once you have filed your documents, the court will schedule a hearing to determine a more permanent custody arrangement. The other parent must be notified of the hearing and given an opportunity to attend. At the hearing, both parents can present evidence as to why a custody modification is or is not needed.

Contact our Houston Child Custody Lawyer

If you wish to modify your child custody order or need to request emergency custody of your child, contact our experienced Katy family law attorneys. We will be able to provide you with the legal advice and guidance that you need to seek a custody arrangement that best serves your child. Our knowledgeable attorneys can help you through this difficult process so that your family can have a brighter future. Contact us today for a confidential initial consultation.




state bar of texas The National Bar Association AILA Fort Bend County HLA
Back to Top