The court issues emergency custody orders to protect the child. Such orders are contested on various grounds. It is important to understand the importance of how to change an emergency custody order to change the arrangement in your favor.
Additionally, parents need to examine documents and review detailed information to check for errors, to challenge decisions and discrepancies.
If you want to overturn an emergency custody order, you need to gather strong evidence and facts to make a convincing case before the court.
When necessary, there are laws and legal processes that provide ways to change custody arrangements. It is wise to work with an experienced attorney who can guarantee successful termination of custody.
What is an Emergency Custody Order?
If the child appears to be danger or at risk of harm, the court issues an emergency custody order to protect the child. This temporary custody charge is served on another family member.
The court considers revoking an emergency custody order based on the law, relevant authorities, and information submitted by child protective services that believe the child is in danger.
When children are involved in domestic violence, drug addiction, or other serious crimes, emergency custody orders are usually obtained to protect and remove them from an unsafe environment.
To revoke an emergency custody order, CPS and the appropriate agencies must demonstrate that the child is in danger. If the court finds that the child must be removed from their current situation immediately, it will make an emergency custody order.
How to Overturn an Emergency Custody Order
To refute the other party’s claims, you must provide factual evidence, which can be provided in the form of recordings, emails or texts. Also, witness testimony can be highly persuasive.
After hearing from both parties, the court makes the final decision on how to void the emergency custody order.
Make Yourself a Better Caregiver
In order to get an emergency custody order overturned, you must work to become a better person and better parents.
You need to ensure that you have a suitable living space where your child feels comfortable. Most importantly, you need to be financially stable to support your child at every stage of life.
It is important to build trust and healthy relationships with your youth. Make sure you both work in a supportive setting with open communication so you can express yourself without problems.
Keep Police Records
Another strategy you can use to change an emergency custody order is to keep reports detailing your child’s confrontations with the police. They come in handy because they have objective evidence.
Further, the report may include a list of potential witnesses. If the investigation reveals that no abuse occurred, these police records are used as evidence, and officers may serve as witnesses.
Make Sure Your Child is Safe With You
You have to convince the court that your child is safe and secure. Make sure you have the right proof and a safe environment for the child.
These steps are necessary because the court believes the evidence and issues an emergency custody order if the child is not a good fit with the guardian.
Alibi Defense
In a case where your partner has custody of the child, you can work to prove that this is not in the child’s best interest. You can prove in court that they are not ideal parents who can protect their child from any possible harm.
You should bring a piece of concrete evidence that your ex-partner has a history of drug abuse, violence, or criminal activity because it must be demonstrated in the courtroom.
Prove your Child is at Risk
In a case where your partner has custody of the child, you can work to prove that this is not in the child’s best interest. You can prove in court that they are not ideal parents who can protect their child from any possible harm.
You should bring a piece of concrete evidence that your ex-partner has a history of drug use, violence, or criminal activity because it must be shown in the courtroom.
Request an Appeal
To defend your rights, you can ask for an appeal hearing to be the able to reverse an emergency custody order. But, it is important to note that you are allowed to present evidence to support your claim that you should be held in long-term detention in this situation.
It is necessary,
- You have a stable environment.
- You have an the positive relationship with your family.
- You have a constructive social life.
- You have a strong and healthy relationship with your child.
What is a Child’s Order of Protection?
A child protection order is requested on behalf of the child through the guardian or Child Protective Services.
You can request a protection order only if the investigation shows that the child is in danger.
A court issues a restraining order against a person who is physically, sexually or emotionally abusing a child. This process is immediate.
CONCLUSION
You can overturn an emergency custody order if you can prove that your child is at risk in the current environment.
In any case, it is preferable to speak with an experienced attorney before filing a lawsuit to increase your chances of winning back custody of your child.
File a motion to terminate the current arrangement to show how the environment will benefit your child. Also, you can reach an agreement with your partner on custody arrangements.
FAQ’s
Does the court grant an emergency custody order?
If the child is at risk, child protective services can remove them from their current life and offer them more preservative custody.
These relevant authorities can withdraw rights from parents or guardians if they are unable to provide care. The court orders emergency custody to ensure the best interest of the child.
Is it necessary to document every detail?
Yes, you should record every detail, conversation, and encounter you have with your child because it can be used as evidence that you have been an active parents despite the custody order.
This includes any interchange between you and your partner whether through text messages, emails, calls, and any other form of interaction.
Can you request to overturn an emergency custody order?
By asking for an appeal hearing, you can fight for your rights and get the emergency custody decision reversed. However, it is very important to keep in mind that you are free to present evidence to support your claim that you deserve long-term detention in this case.
