Emergency child custody orders are temporary orders released quickly by a court when a child is believed to be at risk of abuse or abduction. These arrangements are referred to as “ex parte” orders, meaning one party gives their record of events without the opposing party being able to address the court. This arrangement can only take place under a few unique circumstances. If you believe you have grounds for an emergency order, take a look at the guide below before contacting a lawyer.  

What Are the Grounds for Ex Parte Orders in Nebraska?

Ex parte orders vary by state. In Nebraska, there must be a substantial risk of harm to a child for temporary, emergency custody to be granted. One of the most common reasons for an ex parte order is to protect a child from being physically or sexually abused. It’s also possible for you to request emergency child custody if you feel the child is at risk of being abducted by your ex-spouse. While the person issuing the ex parte order is often a parent, you can still pursue ex parte orders even if you're not. 

What Does the Procedure Entail?

First, you must complete forms to request ex parte orders. This will include an affidavit, a sworn statement indicating why emergency custody is being sought. You may request that the court prohibits the other person from contacting you or your child. 

Next, the judge overseeing the case can either grant the emergency order, deny the request, or set up a hearing to discuss the issue more. If the emergency order is granted, the defendant has up to 10 days to dispute it by filing a request for a hearing.   

How Long Does Emergency Custody Last?

An emergency custody order is temporary and will remain in effect until it is changed by a subsequent court order. Therefore, emergency orders are not a permanent replacement for child custody arrangements. You must file another court order to determine how full or joint custody will be managed. 

If you’re navigating child custody issues in an emergency or simply as part of your divorce, Kleveland Law Offices can help. This Lincoln, NE, family law firm has been serving the community since 1984 and is committed to protecting their clients’ rights through prompt and individualized attention. Find out more about their practice areas online or schedule a consultation by calling (402) 477-7776.