Emergency Temporary Custody Order Attorney

In many child custody proceedings, whether through modification of custody or just establishing initial parentage and custody, there are emergencies where one parent can – and should – ask the court to grant them emergency custody of the child(ren). An emergency custody order is a temporary custody order that a parent may be able to obtain without a full hearing and even without the other parent present.

For a parent to be able to ask the court for an emergency custody order, they must show that serious, usually dangerous, circumstances call for an immediate change. If you worry about your child’s safety, talk to a Las Vegas child custody lawyer immediately.

At Huggins Law Office, we are adept at aiding parents in navigating the intricacies of child custody cases. We are available to put our extensive experience to use so that you can obtain an emergency temporary custody order. Once the order is in place, our team can review the issues of your case piece by piece and help you find a more permanent solution that can protect the involved child on a longer-term basis.

What Is Emergency Child Custody?

Emergency child custody is a legal provision that allows a person to seek immediate custody of a child when their safety or welfare is at risk. In Nevada, a petitioner who believes the child is in danger of abuse or neglect can seek an emergency custody order.

The emergency order may be granted by a judge when there is clear and convincing evidence that the child’s safety is at risk. This can include situations where the child is being physically or emotionally abused or where they are being exposed to danger due to a parent’s drug or alcohol abuse.

If the emergency custody order is granted, the person asking for custody will have temporary custody of the child until a final decision can be made in the custody case. This can include decisions about visitation, child support, and other matters related to the child’s welfare.

It is important to note that emergency custody orders are intended to be temporary and protect the child during a crisis. These orders are subject to review by the courts, and the person seeking custody must provide evidence and testimony to support their case.

In summary, emergency child custody is an essential legal provision that helps protect children in situations where their safety or welfare is at risk. If you believe that a child is in danger, it is vital to seek the help of a legal professional who can assist you in obtaining an emergency custody order.

How Long Does a Temporary Custody Order Last?

A temporary custody order is issued by a court in cases where a child’s safety is at risk, and immediate action is required. The order grants temporary custody of the child to a designated person, usually a relative or a guardian, until a more permanent decision is made. In Nevada, the duration of a temporary custody order depends on the circumstances and can vary from case to case.

Generally, a temporary custody order lasts until a hearing is held to determine a more permanent solution. In Nevada, the hearing must be scheduled within 21 days of the issuance of the temporary order, and a decision must be made within five days of the hearing. If the court finds that the child is still in danger or the reasons for issuing the order still exist, the temporary order may be extended for additional periods, up to a maximum of 6 months.

It’s important to note that a temporary custody order differs from a permanent one. A temporary order only grants custody for a limited period of time and does not affect the long-term custody arrangement for the child. After the temporary order expires, the court will still need to decide who has legal custody of the child.

A temporary custody order may sometimes be issued during a divorce or custody dispute. In these situations, the order may be in place until the final custody agreement is reached or a permanent custody order is issued.

A temporary custody order ensures a child’s safety in an emergency. The duration of the order in Nevada will depend on the case’s specific circumstances and may be extended if necessary. Anyone seeking temporary child custody should consult an experienced family law attorney to understand their rights and options.

Can an Order for Temporary Custody Be Changed?

A temporary custody order is a court order that grants a parent or guardian temporary custody of a child. In most states, temporary custody orders are up to six months and may be extended longer if necessary. However, circumstances may change, and a parent or guardian may need to modify or terminate the temporary custody order.

In some cases, temporary custody orders can be changed if there is a significant change in circumstances. For example, if the parent or guardian with temporary custody cannot care for the child due to illness, incarceration, or other reasons, the court may modify the order to grant temporary custody to another parent or guardian. Additionally, if the non-custodial parent can provide a safe and stable home environment for the child, the court may modify the temporary custody order to allow for shared custody or change custody entirely.

However, changing a temporary custody order can be a challenging process, and it typically requires the intervention of an experienced family law attorney. To modify a temporary custody order, the party seeking the change must file a motion with the court that issued the original order. The motion must demonstrate a significant change in circumstances and provide evidence to support the requested change. The other party will then be able to respond to the motion and present their evidence.

The court will generally consider the child’s best interests when reviewing a request to modify a temporary custody order. Factors influencing the court’s decision include the child’s age, physical and emotional needs, relationship with each parent or guardian, and history of abuse or neglect. Ultimately, the court will issue a new custody order that reflects the child’s best interests and protects their welfare.

Temporary Custody Orders in Nevada

Temporary custody orders in Nevada are legal documents that grant a parent or guardian temporary custody of a child for a specified period. The duration of a temporary custody order in Nevada may vary depending on the court’s decision and the circumstances of the case. Typically, temporary custody orders are granted when there is an urgent need to protect a child’s physical or emotional well-being, such as in cases of abuse, neglect, or abandonment.

To obtain a temporary custody order in Nevada, a parent or guardian must file a petition with the court with jurisdiction over the matter. The petition must include information about the child’s current living situation, why temporary custody is necessary, and any relevant details about the child’s medical or emotional needs. Once the petition is filed, the court will schedule a hearing to review the case and determine whether temporary custody is warranted.

During the hearing, the court will consider the child’s best interests when deciding temporary custody. Factors that may be considered include:

  • The child’s physical and emotional needs.
  • The relationship between the child and each parent or guardian.
  • Any history of abuse or neglect.

If the court grants temporary custody, the parent or guardian will be responsible for providing a safe and stable home environment for the child and meeting their needs while the order is in effect.

Temporary custody orders in Nevada can be modified or terminated if circumstances change or the order is no longer necessary to protect the child’s welfare. However, modifying or terminating a temporary custody order can be a complex process, and it usually requires the assistance of an experienced family law attorney. If you need assistance with a temporary custody order in Nevada, it is essential to consult with an attorney who can provide guidance and support throughout the legal process.

When To File An Emergency Temporary Custody Order

A parent can seek an emergency temporary custody order in serious, urgent circumstances. More specifically, people seeking to petition the court for an emergency temporary custody order must be able to show that the child(ren) faces an immediate and substantial risk of (but not limited to):

– Sexual abuse

– Neglect

– Being kidnapped/taken out of the state to avoid Nevada jurisdiction

For more detailed information, refer to NRS 125A.515

When the above or other circumstances arise, such as the custodial parent’s death. There is potential danger or imminent harm will occur to the child(ren) if they remain in the custody of the parent, which is defined as related to NRS 125C.0611, any of the following individuals may try to obtain an emergency custody order:

– A child’s grandparents

– Another parent of a child (NRS 125C.0629)

– Siblings who are at least 18 years old

– Cousins, aunts, and/or uncles 

– Non-relatives who have a close relationship with the child

Las Vegas and Henderson, Nevada Child Custody Attorney

Are you in the middle of a custody dispute? Are you afraid for your child’s well-being and need assistance obtaining an emergency custody order? Whichever the case, your child’s safety and well-being are of utmost importance, and you must take immediate action to protect them and remove them from a harmful or dangerous environment – and we can help!

At Huggins Law Office, we have helped countless parents secure emergency temporary child custody orders and can successfully guide you through the legal process. Don’t hesitate to call our Las Vegas and Henderson child custody attorneys for all your custody concerns and needs, including emergency child custody orders.

When you trust Huggins Law Office, you can be confident that you’ll get nothing short of immediate, experienced, and expert legal representation that will be able to secure the best possible outcome for you and your child.

Call us at 702-387-4014, and let’s discuss your custody issues during a free and confidential initial consultation, or let us call you back.