At Virginia Family Law Center, P.C., we recognize that the safety and well-being of a child are of utmost importance. If you are a parent or family member worried about a child’s immediate safety—whether due to a contentious divorce, domestic violence, or another dangerous situation—our experienced team is here to help you obtain an emergency custody order.
An emergency custody order, often called an “ex parte” order, is a temporary legal measure issued by the court when a child’s safety or welfare is in imminent danger. This order grants temporary custody to a parent or guardian until a full court hearing can be conducted. It’s an essential tool designed to protect children from immediate risks, such as:
In Virginia, anyone with a “legitimate interest” in the child’s well-being—such as parents, grandparents, relatives, or even family friends—can file for emergency custody.
To successfully file for an emergency custody order, gathering compelling evidence is crucial. This might include documentation such as medical records, police reports, or testimony from credible witnesses—all of which substantiate claims regarding the child’s safety. Photographs, videos, or written statements can also be powerful tools in demonstrating immediate risk. To begin the filing process, you must prepare a petition articulating the grounds for emergency custody and submit it to the appropriate juvenile court. Legal representation skilled in family law can be invaluable during this process.
Every case is unique, and the time frame for obtaining an emergency custody order can vary. However, in most cases, a professional legal team can file for and obtain an emergency custody order within 24 hours of receiving all necessary documentation and evidence. Once an emergency custody order is granted, a full court hearing will be scheduled to determine whether the temporary order should be extended or modified. At this hearing, both parties can present evidence and make arguments regarding the child’s best interests. The judge will then make a final decision on who should have primary custody of the child.
Our team at Virginia Family Law Center, P.C. brings decades of extensive experience in managing sensitive family law matters, especially those affecting children. We are deeply committed to providing compassionate and premier legal support tailored to secure the best possible outcome for your family during these challenging times. Here’s how we can assist you in this critical situation:
If you have concerns about a child’s safety and are considering filing for emergency custody, it is crucial to seek legal advice promptly. Virginia Family Law Center, P.C. is ready to provide guidance and support. Contact us today to learn more about how we can help secure the safety and well-being of the child in question.
At Virginia Family Law Center, we protect clients’ rights and help them understand the legal processes they are working through. Schedule your free 30-minute telephone consultation by filling out the form below.