An emergency custody order may be necessary in situations where a child is being abused or neglected or when a parent has made credible threats of kidnapping. Louisiana law permits parents to file an emergency custody hearing to remove the child temporarily from the other parent’s custody, but the courts still require the petitioner to make a proof-based case for their petition.
A Lake Charles child custody attorney from The Johnson Firm can help you understand how to substantiate your emergency custody petition and help you keep your child safe. Call today at (337) 433-1414.
What is an emergency custody order?
Emergency custody orders, also referred to as ex parte custody orders, are legal motions filed with a Louisiana family law court to grant immediate custody of the child to the petitioner. Ex parte orders may be granted without a hearing before the court,, providing immediate relief via orders that are temporary and emergent. An ex parte filing may often be necessary in child abuse and neglect cases if allowing the other party to continue custody of the child will likely lead to further harm and notifying the other party would result in additional harm (such as a risk of the other party retaliating against the child or fleeing to avoid giving up custody).
When a child is subject to physical, emotional, or sexual abuse, is severely neglected, has been abandoned, or if the custodial parent is abusing drugs or alcohol, then the court can intervene to remove the child from the situation.
Requirements for emergency custody orders
Louisiana law imposes strict criteria for those seeking an ex parte emergency custody order. To qualify, petitioners must meet the following requirements:
- Immediate threat: Provide evidence that the child’s welfare, safety, or health is under immediate threat. This may include proof of neglect, abuse, exposure to an unsafe environment, or abandonment.
- Imminent harm: Show that there is a significant risk of imminent harm to the child if they remain in the current custody arrangement.
- Lack of alternatives: Demonstrate that no other measures could adequately protect the child except for granting the emergency custody order.
- Irreparable harm: The petitioner must also establish that waiting for a hearing, including time for the opposing party to respond, would result in immediate and irreparable harm to the child.
In these cases, family law judges are tasked with balancing the immediate needs of the child’s safety and welfare against the constitutional rights of the opposing party, particularly their right to be free from judicial interference without the opportunity to be heard. Given these significant considerations, the petitioner must provide clear and convincing evidence to support their request for an emergency custody order.
How can a family law attorney help me file an emergency custody order?
Experienced family law attorneys understand the type of proof that family law courts require and how to properly collect it. This can include your child’s medical records, photos or a video of the living conditions, and witness accounts of the child’s treatment.
Ex-parte custody petitions are generally filed in the parish where the child resides. They should include details about the emergent situation and the conditions the child is living in, the identity of the perpetrator, and any evidence collected to support the petition.
What happens after an ex parte custody hearing in Louisiana?
After you and your attorney present your petition, the judge may grant a temporary order removing the child from the custody of the other party, providing you, as the petitioner, with temporary sole custody of the child, and establish what visitation, if any, shall occur prior to the provided court date.
Temporary orders are only valid for 30 days
It’s important to note that any temporary orders issued in ex parte custody hearings are only valid for 30 days. Prior to expiring, the court will schedule a trial date for both parties to present their respective cases. The judge may also grant a Civil Warrant directing local law enforcement to aid in removing the child and turning it over to the newly appointed custodian.
The other parent may be prevented from visiting the child or may be granted supervised visitation in the interim. If the judge denies the ex parte petition for emergency custody, a date will be set at which time the court will allocate custody of the child between the parents until a full hearing with both parties can be held.
An important consideration
It’s important to note that even the outcome of the full hearing, with both parties, may not result in a permanent custodial solution. Ex-parte orders are intended to be temporary, not permanent. A trial (such as a divorce trial) or a negotiated custody settlement are the only ways to achieve a more permanent order.
Considering an emergency custody order? We can help.
An experienced Lake Charles family law attorney from The Johnson Firm can help you with your ex parte custody petition and custody dispute. Our firm works with parents like you who are concerned with their child’s welfare, and we have extensive resources to help our clients. Contact us today at (337) 433-1414 for a personalized consultation.