There is a misconception about what rises to the level of an emergency hearing.
Some examples of custody emergencies include the following:
One parent is taking the child out of the country permanently to avoid the other parent any access to the child.- One parent is arrested for drug distribution and/or has a meth lab in the home where visitation is taking place or where the child lives.
- One parent is arrested for child pornography.
- One parent has untreated mental health issues that are seriously affecting the child.
- Child protective services makes a finding of abuse or neglect, to include sexual abuse, cruelty, or physical injury.
One parent is taking the child out of the country permanently to avoid the other parent any access to the child.Petitioning for an Emergency Custody Order in Virginia
An emergency custody order is a temporary order as we need the child moved immediately for their own safety. A full custody hearing will also be scheduled at the emergency hearing and most likely a guardian ad litem will be appointed to represent the child.
It is important to find an attorney who is familiar with the Court’s interpretation of an emergency hearing. It can be hard to convince the court to hear the matter on an emergency basis. This is when having a great emergency custody lawyer on your side can make a big difference.
Below are the steps that need to be taken in order to file for emergency custody:
1. The person requesting an emergency hearing must prove that the minor child has lived in Virginia for at least six months before filing. If the other parent lives in Maryland and the abuse occurred in Maryland, the case must be filed in Maryland, not Virginia. As like most rules, there are always exceptions.
2. The person requesting emergency custody has the burden of proving why they have a right to custody as opposed to the other parent or other interested parties. For example, a grandparent, aunt, uncle, brother, sister, etc. are all considered interested parties.
3. Provide all information required by the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).
How Does UCCJEA Apply to Inter-state Custody Issues?
When I first started practicing in Virginia a long time ago, I had a case in which I represented the father who lived in Virginia. The mother lived on the west coast. The father flew out there to see his infant daughter, who was less than six months old, only to learn that they had been evicted from their apartment.
Through some leads, he found the mother and daughter living in the streets. He took the child and brought her to Virginia and filed for emergency custody. The Judge in Virginia and the Judge in the other jurisdiction had a meeting pursuant to the UCCJEA and determined that the other state had jurisdiction. We had to have the case transferred but, in the end, the father did obtain full custody.
Emergency Custody Lawyer Near Me
If you believe your child is in a dangerous situation and you need an emergency custody lawyer, you should retain a lawyer with extensive experience in this particular type of law.
Please call the legal team at Cook Craig & Francuzenko today to learn how we can help you, (703) 865-7480.
