When parents decide to separate or divorce, they need to determine who gets custody of their children. If the separation is amicable, they can usually reach an agreement with just a divorce lawyer present. However, if it becomes apparent that one party isn’t looking out for the child’s best interests, pursuing emergency custody might be your only option. Here's a closer look at the most common grounds for emergency child custody and how the state of Georgia would handle such a case. 

What Are the Grounds for Emergency Custody? 

Also known as “ex parte” orders, emergency custody requires proof that a parent is unfit to care for their child. In Georgia, this could include instances such as abandonment, abuse, immoral influences, or failing to provide the proper amount of care. 

Unfortunately, it can sometimes be difficult to find evidence that someone is an unfit parent. However, you can look for eyewitnesses, such as neighbors and other family members, who could provide insight on the day-to-day life of your ex. If they maintain a close connection with the other parent, they might notice certain behaviors and be willing to give their testimony to ensure the safety of the child. 

How Do I Start the Procedure? 

The process for filing this motion can be complex, so it's best to hire a family law attorney to help. They will create a Motion for an Emergency Hearing and submit it to the court; this hearing should occur within 24 hours, and the other parent does not have to be in attendance. Your attorney will explain the urgency of the situation and present the evidence that they’ve gathered.

Once a judge issues a temporary order, you’ll receive immediate custody and schedule another hearing within three weeks. This is the opportunity for the other parent to offer their arguments about the case and why they should maintain custody. The judge will then consider both sides to determine how best to proceed. 

What’s the Timeframe for Emergency Custody? 

These temporary custody orders only last until the final order is received. If the judge decides that the other parent doesn’t present an immediate danger, then three weeks is the duration. For cases where they are found to be an unfit parent, generally after a social worker has observed them in action, then the judge may choose to extend the order, usually until the child turns 18. If the other parent shows an active effort to change, such as attending counseling, then the parents can begin working toward an alternate agreement that has to go through the court. 

If you’re considering emergency child custody, reach out to Hildebrand Law Office PC of LaFayette, GA. This locally owned law firm has been in business since 2001 and offers a wide range of legal services. Their attorneys are well-versed in the intricacies of family law and provide a personalized approach to ensure the success of each case. Call (706) 638-6009 to schedule an appointment or visit their website for additional information on their services.