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Child custody matters can be emotionally overwhelming. These issues can be even more stressful if you believe your children are in a dangerous situation when they are in the care of the other parent. In such cases, it may be necessary to take the appropriate action to protect your children from being in harm’s way. An emergency child custody order is a legal tool that Texas courts can use to grant immediate temporary custody in circumstances where it is necessary to protect a child when their safety is at risk.
An emergency child custody order is a legal mechanism that is used to prevent a child from being harmed by a parent or subjected to a dangerous environment. If you have evidence that demonstrates your child would be in immediate danger due to spending time or living with the other parent, a court may issue a temporary ex parte order. This means that the other parent does not have to be provided notice of the proceeding in order to change the custody arrangement.
Whether your child is in “immediate danger” is at the judge’s discretion. Issues that can jeopardize a child’s safety or welfare can include the following:
Generally, verbal or emotional abuse may not be sufficient to qualify as an emergency for the purposes of an immediate change in custody. It is not likely that a judge would grant an emergency order based on this type of conduct alone.
There are strict rules that apply when it comes to obtaining an emergency child custody order. Texas Family Code allows a judge to issue an emergency child custody order only in limited circumstances, such as those listed above. But it’s essential to have adequate evidence to obtain an emergency order. This can include police reports, photos, text messages, emails, affidavits, or other proof.
After you have gathered your evidence, a petition will need to be filed with the court — along with a Temporary Restraining Order (TRO) requesting Extraordinary Relief. There are three different types of custody petitions that can be filed, including those related to divorce, a petition to establish paternity, or a petition to modify an existing custody order. It’s crucial to ensure the correct petition is used, based on the situation. An affidavit must also be attached, stating why emergency relief is needed for the child and specify the immediate risk of harm.
Once the petition has been filed with the court, a hearing will be scheduled. If the judge grants the ex parte TRO requested, the order will go into effect immediately without notice to the other party. A separate hearing will be scheduled at which the party will be able to argue their case. Importantly, the other party must be served at least three days in advance of the court date.
In addition to filing for an emergency child custody order and a temporary restraining order, it’s critical to understand that another option may be available in certain cases. In Texas, a temporary ex parte protective order may be issued in cases involving family violence. Like a restraining order, they can be used to help protect your child from harmful situations. However, while restraining orders are generally used in civil cases, protective orders may be issued after a domestic violence arrest, or another criminal family violence allegation has been made.
If the judge determines from the information contained in an application for a protective order that a clear and present danger of family violence exists, the court may enter a temporary ex parte order. The order will not only protect the applicant, but also other family and household members. A temporary ex parte protective order can specify that the respondent do something, or refrain from committing certain acts. They are valid for no more than 20 days, but may be extended for additional periods of 20 days at a time based on an applicant’s request.
Nothing is more important than your children and their welfare. If you believe they are at risk of harm when they are in the custody of their other parent, it’s vital to take the necessary steps to keep them safe. An experienced Houston child custody attorney can advise you regarding your best course of action — and ensure the best interests of your children are met.
Stacey Valdez is a board-certified Houston divorce attorney who provides dedicated counsel for a wide variety of matrimonial and family law matters, including child custody issues. Schedule a consultation with Stacey Valdez & Associates by contacting us online or calling (713) 294-7072.
Stacey Holley Valdez Attorney Stacey Holley Valdez is among the one percent of attorneys in Texas to have achieved Board Certification in the practice area of family law. This certification is awarded to only those attorneys who demonstrate significant experience in family law, the highest ethical principles, and a comm… Read More 
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