How to get emergency custody of a child? To get emergency custody of a child, you must file a “motion for immediate restraining order and hearing notice,” and already have or file an underlying open action with the court (divorce, parenting plan modification, or other relevant action) and then prove to the courts that the child is at risk for imminent harm, which could be risk of abuse, abduction, neglect, or other immediate harm.
If you believe your child is at risk, consulting with a Seattle child custody lawyer is the first step to ensuring their safety.
Emergency Custody in Washington Requires Showing Immediate Risk to the Child
Courts do not grant emergency custody lightly, and they require significant, compelling evidence that your child is in immediate danger. General disagreements do not justify emergency action, and you would likely need to go through the normal court processes.
If your child is living in dangerous scenarios, including a home where there is active substance abuse, threats to flee with the child, lack of childcare, or evidence of current or likely physical or sexual abuse, a judge may order that another party receive custody. Sometimes, this may mean a temporary guardian that is not the parent, such as another family member.
There are times when a protection order may be obtained more quickly than emergency custody. If you believe this may be the case in your situation, a Seattle protection orders lawyer may be able to help you through the process of how to get emergency custody of a child.
You Can Request Emergency Custody Through an Ex Parte Court Order
Emergency custody orders may be done “ex parte”, meaning without first notifying the other party. This process begins by filing a motion for an immediate restraining order (ex parte) with the Washington courts. Typically, you would file with the superior court for the county where your child lives and where you can open an action if you do not already have one.
While you can file these documents on your own, having an attorney is often helpful, as they are familiar with the process and can help ensure that all documentation is filed on time, in full, and correctly. By having an experienced advocate working on your behalf, you can focus on helping your child feel safe.
While filing, you must be able to demonstrate to the judge that giving notice to the other parent may put you or the child at risk (RCW 26.27.231). If approved, you will move on to the next step in the process. Ideally, this all moves quickly, so working with an attorney can help guide you through the process of how to get emergency custody of a child.
Strong Evidence is Required to Support an Emergency Custody Request
The courts will require substantial evidence to get emergency custody of a child. Helpful evidence a court may want to see can include:
- Police reports or incident records
- Medical records or photographs of injuries
- Messages, emails, or documented threats
- Statements from witnesses or professionals
- Declaration with your own personal knowledge
This evidence should all point to the conclusion that your child is not safe in their current situation, and custody must be awarded to another party to ensure their well-being. If possible, documenting everything before an emergency situation arises may help if you later need to request emergency custody or are engaged in a custody battle.
Judges Review Emergency Custody Requests Quickly, Often the Same Day
Since these cases are emergencies, hearings can often occur within 24-72 hours. A judge or commissioner will review all of the evidence you submitted and determine if they believe that an emergency custody order (usually known as an Immediate Restraining Order) is warranted.
If it is determined that an emergency custody order is warranted, you will temporarily receive full custody of the child, pending a full return hearing on the underlying issues and motion. You must then legally serve the other party with forms. In Washington, this is often done via a process server and is typically given directly to the other party.
It is important to understand that these requests are not always granted, and that substantial evidence is required to warrant such orders. Working with a knowledgeable Seattle family law lawyer can help you understand how to get emergency custody of a child and can help you build the strongest case possible.
The Other Parent Will Have a Chance to Respond Soon After
While successfully obtaining emergency custody is a win, you must then attend a hearing at which the other parent has the opportunity to respond. This is often scheduled within 14 days. At this hearing, the court will decide whether to keep the order in place or replace it with a more common custody schedule.
This second hearing is a crucial part of the custody process. Allowing the other parent to respond ensured that both parents’ rights were protected while prioritizing the child’s safety by keeping the child in a stable environment.
During the waiting period between each hearing, you and your attorney have the opportunity to further build your case. Since the initial hearing moves quickly, you may be able to acquire more evidence in the two weeks between court hearings. This can help you win a higher level of custody down the road.
Legal Guidance Can Help Navigate Emergency Custody in Washington
Details and efficiency matter when it comes to getting emergency custody of a child. Working with an experienced attorney means having an advocate who has handled these cases and can guide you through them with care. Your attorney can help with:
- Preparing strong declarations
- Gathering proper evidence
- Filing the correct paperwork
- Meeting strict deadlines
- Representing your position at hearings
Emergency custody orders are temporary. It is essential that you lay down a solid foundation to continue through the custody process. You do not have to do this alone.
Dellino Family Law is Here to Help
Feeling that your child may be at risk is something no parent should have to endure, especially when the danger comes from the other parent.
At Dellino Family Law, we will stop at nothing to ensure your child is in a safe environment. When it comes to your child, don’t wait. Schedule your consultation today.
