Many of our clients want to know how to protect their child’s safety while in the other parent’s care. ORS 107.097 and ORS 107.139 allow a parent to petition the court for temporary custody when their child is in immediate danger.
Let us help you obtain an emergency custody order. Call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free emergency custody consultation.
Temporary emergency custody orders are often granted when the other parent is seriously abusing drugs or alcohol, in cases of sexual abuse or serious physical abuse of the child, in cases involving incarceration of the other parent, or in case involving serious mental illness.
HOW DO I FILE FOR TEMPORARY EMERGENCY CUSTODY?
To obtain temporary emergency custody of a minor child, you must file a Motion for a Temporary Protective Order of Custody and Restraint in the Court having jurisdiction over the case.
The rules governing motions of temporary custody are complicated and require a skilled child custody attorney. Many people do not realize that these motions must be filed contemporaneously with a petition to establish custody or a petition for dissolution of marriage.
The person requesting the order must be present in court and file an affidavit or declaration alleging that the minor child is in “immediate danger.” If the requisite showing of “immediate danger” is made, the judge will grant the motion and enter a temporary emergency custody order. The judge can also enter temporary orders regarding parenting time or the status quo. In serious cases, the court will require the other parent to have supervised contact or in extreme cases, no contact at all.
The amount of notice to the other party depends on the timing of the motion and the grounds for obtaining the emergency custody order.
HOW DO I REQUEST A HEARING ON AN EMERGENCY CUSTODY ORDER?
You may request a hearing on an emergency custody order as long as it remains in effect by filing with the Court a request for hearing. In the request you must tell the Court and the other party that you object to the order on the ground that the child was not in immediate danger at the time the order was issued. In the request you must also inform the Court of your telephone number or contact number and your current residence, mailing or contact address.
The court must then make reasonable efforts to schedule a hearing within 14 days and shall hold a hearing no later than 21 days after receipt of the request for hearing. The Court will notify each party of the time, date and place of the hearing.
A hearing on the emergency custody order is limited to a determination of whether the child was in immediate danger at the time the order was issued. Evidence will be presented to the court at the hearing which includes your testimony, witnesses and any evidence you may have to support your motion.
HOW LONG DOES THE TEMPORARY EMERGENCY CUSTODY ORDER LAST?
The temporary emergency custody order will remain in effect through the date of the hearing. If the party against whom the order was entered fails to appear at the hearing without good cause the court shall continue the order in effect. If the party who obtained the order fails to appear at the hearing without good cause, the court will vacate the order.
A valid temporary emergency custody order will continue until the order is modified by the court or the underlying case is concluded. It is important to know that this is a temporary custody order and a final order must be obtained to conclude your case.
PAUL F. SHERMAN IS A SKILLED AND HIGHLY EFFECTIVE EMERGENCY CUSTODY AND PARENTING TIME ATTORNEY
Whether you need to establish temporary custody or preserve the status quo pending resolution of your case, or if you need assistance in following the correct procedures to obtain emergency custody or visitation for your child, you need the advice of an experienced child custody attorney. We recognize the impact any custody determination can have on the most import thing to you and your family, custody and quality parenting time with your child. The Law Offices of Paul F. Sherman has the experience necessary to address your concerns and to protect your rights.
CONTACT PAUL F. SHERMAN FOR EXPERT ADVICE ON YOUR EMERGENCY CUSTODY AND PARENTING TIME ORDER.
We know you have questions and we have answers. If you would like to learn more about obtaining an emergency custody order, call the Law Offices of Paul F. Sherman at (503) 223-8441 or Contact Us for a free consultation.