After a separation or divorce, courts will create custody orders to protect the best interests of any children involved. If you fear your child might face immediate harm, you can ask for an emergency custody order in the meantime.

Certain circumstances have to exist for a request for an immediate protection order to be granted in Maryland, but a Frederick emergency custody lawyer from Rolle & DeLorenzo can help. Our dedicated child custody attorneys will review the facts of your case, issues affecting your children, and pathways to an emergency order that protects your children.

Legal Grounds for an Emergency Custody Order

An emergency motion regarding child custody is a request to the Court in your jurisdiction to modify an existing order or create a temporary one while custody is being reviewed. Emergency custody orders address urgent situations where a child’s safety and well-being are threatened. Courts will take swift action on emergency requests to make sure children are safe.

Filing an emergency custody motion should be done when there is clear evidence that your child could face danger. Some situations justifying emergency custody orders include:

  • Abuse or neglect: When you have legitimate concerns that a parent or guardian is physically, emotionally, or sexually abusing your child
  • Domestic violence: These incidents can happen suddenly, and with serious consequences for children in the household
  • Substance abuse: When one parent struggles with drugs or alcohol, their home environment can be unsafe for children, requiring quick action by the other parent
  • Mental health issues: Ongoing mental health issues can be significant enough that the children are put in jeopardy, and courts must intervene
  • Relocation without consent: Moving a child to a different area or out of state without consent from the other parent or permission from the Court can lead to consequences, including emergency custody orders

These and other issues can give grounds for an emergency custody order. The knowledgeable attorneys from our Frederick team can review the facts of your emergency custody case and determine the best path forward.

What Are the Steps Involved in an Emergency Custody Motion?

Filing an emergency motion on child custody involves several key steps before a judge will make a decision.

  • Consult with an emergency custody lawyer from our Frederick team who can assess the facts, determine the best course of action, make sure your motion meets all legal requirements, and submit evidence to the judge
  • Collect evidence, such as witness statements, medical records, police reports, and photographs that shows your child is at risk
  • Work with your attorney as they prepare and file an emergency custody motion in your jurisdiction, which includes reasons for the request and a factual basis
  • Attend an emergency hearing to present your case and respond to the other parent’s arguments—the judge will hear testimony, review evidence, and make a ruling based on your child’s best interests

Our attorneys help parents understand each step of the process to make sure their critical concerns are heard by a judge as quickly as possible.

Contact Our Fredrick Attorneys About Emergency Child Custody

When urgent situations require legal action to help protect your child’s safety, a Frederick emergency custody lawyer can help. Due to the high importance of these types of custody cases, you do not want to go through the process alone. Call the child custody attorneys at Rolle & DeLorenzo today to learn how we can help you.

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