Reasons To File For Emergency Child Custody

Child custody is usually awarded with much thought and considering the child’s best interests. It is a time-consuming process as the court considers various factors before announcing a decision. However, in some cases, emergency child custody may be awarded to a legal parent or guardian when the child is in danger or due to some other reason. 

There are several reasons why a parent would want to file for emergency child custody. If you have one, speak with a Lehi divorce lawyer to understand your options. 

Reasons to file for emergency child custody

  • Divorce or separation. 

When you file a petition for a divorce in Lehi, you do not get separated from your spouse in one day. It requires at least 6 to 12 months or more for the judge to finalize the divorce. During this time, you may wonder who gets to keep the child. It is not possible for the court to finalize a decision so that they will grant temporary custody to one of the parents or a legal guardian. 

  • Shortage of funds or financial resources. 

Suppose that you were awarded custody of your child. However, you can no longer take care of their expenses due to the loss of a job or other financial problems. In this case, you can request the court to award a temporary guardianship of your child to someone you trust. This person can be your parent, sibling, another family member, or even a friend. 

  • Competing responsibilities. 

Managing work-life and raising a child simultaneously is not an easy job. While your work may seem manageable for the most part, it may sometimes require more of your attention. If your work involves unscheduled travel commitments or other work-related issues that make it impossible for you to be there for your child, you could seek help from someone else. You could ask the court to grant temporary custody to a friend or family member. 

  • Domestic violence. 

Domestic violence is one of the most common reasons people seek an emergency child custody order. If a parent can possibly harm the child with any kind of abuse, the court may issue a temporary order to protect the child. The order may stay in effect until it is confirmed if the parent is dangerous or not. 

  • Illness or hospitalization. 

Medical illness and hospitalization can cause a parent to become incapacitated or stay away from their child for a long time. During this time, a friend or family member can be awarded temporary custody to take care of the child until the parent recovers. 

The court usually tries to avoid changing the custody arrangement and only does it when absolutely necessary. They consider different options and keep the child’s best interest in mind. 

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Jovany Maxwell