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When you believe your child is in immediate danger, the legal system provides a powerful tool to protect them: an emergency custody order. This temporary order, also known as an ex parte order, can be granted by a Utah court in a matter of days—sometimes even hours—without the other parent present. But how do you know if your situation qualifies, and what steps should you take?
This guide explains what constitutes an emergency in Utah, how to file for an emergency custody order, and why you need an experienced Utah child custody lawyer by your side. If your child’s safety is at risk, you cannot afford to wait.
What Qualifies as an Emergency for Custody in Utah?
Utah courts do not grant emergency custody lightly. You must provide specific, credible evidence that your child faces immediate and irreparable harm. This is a high legal standard that requires more than general concerns or disagreements.
Under Utah law, situations that may warrant an emergency custody order include:
- Child Abuse or Neglect: Physical, sexual, or emotional abuse by a parent, household member, or another person with access to the child.
- Substance Abuse: A parent’s drug or alcohol abuse that endangers the child’s welfare.
- Serious Threats: Credible threats of violence or abduction from a parent.
- Parental Abandonment: A parent suddenly abandoning the child without a care plan.
- Untreated Mental Illness: A parent’s severe, untreated mental health condition that makes them unable to care for the child safely.
General disputes over parenting styles, disagreements about education, or a parent’s new partner are typically not considered emergencies unless they directly expose the child to immediate harm.
How to File for an Emergency Custody Order in Utah
Filing for emergency custody requires swift and precise legal action. The process generally involves these steps:
1.File a Verified Petition: You must file a formal petition with the court, detailing the specific facts that justify the emergency order. This document is “verified,” meaning you swear under penalty of perjury that the information is true.
2.Provide a Sworn Declaration: Your petition must be supported by a detailed declaration (a sworn statement) that includes dates, times, locations, and specific examples of the harm your child is facing. Vague accusations will not be enough.
3.Request an Ex Parte Order: You will ask the court to grant an “ex parte” order, which means the judge will review your petition without the other parent being present or notified beforehand.
4.Attend the Emergency Hearing: If the judge finds sufficient evidence of immediate danger, they will issue a temporary custody order and schedule a follow-up hearing within a short timeframe (usually 10-14 days). The other parent must be served with the order and notified of the hearing date.
At the follow-up hearing, both parents will have the opportunity to present evidence, and the judge will determine whether to keep the temporary order in place, modify it, or terminate it.
Why You Need a Lawyer for an Emergency Custody Case
When your child’s safety is on the line, there is no room for error. The legal standard for obtaining an emergency order is high, and the paperwork is complex. A small mistake in your petition can lead to a denial, leaving your child in a dangerous situation.
An experienced family law attorney can help you:
- Evaluate Your Case: Determine if your situation meets the legal standard for an emergency.
- Gather Evidence: Help you collect the necessary documentation, witness statements, and other evidence to build a strong case.
- Draft a Compelling Petition: Ensure your legal documents are drafted correctly and persuasively.
- Represent You in Court: Advocate for you and your child at the emergency hearing and all subsequent proceedings.
Contact our Utah Child Custody Attorney Today
If you believe your child is in immediate danger, do not wait. The decisions you make in the next few hours and days are critical. At Fontenot Law, P.C., we understand the urgency of these situations and are prepared to act quickly to protect your child.
Contact us today for a confidential consultation to discuss your case. Our experienced Utah child custody lawyers are here to help you navigate this difficult time and fight for the safety and well-being of your child.
