When a child’s safety is at risk, parents or guardians may need to take immediate legal action to secure emergency custody. In Utah, courts prioritize the well-being of children, and there are legal processes available for obtaining emergency custody in urgent situations.
What Is Emergency Custody?
Emergency custody is a temporary court order that grants one parent or guardian sole custody of a child when there is a significant and immediate risk to the child’s well-being. These orders are typically issued when a child is in danger due to:
- Abuse or neglect (physical, emotional, or sexual)
- Substance abuse by a parent or caregiver
- Domestic violence in the home
- Parental abandonment
- A parent’s incapacity due to mental illness or other factors
When Can You Request Emergency Custody?
Emergency custody orders are granted in cases where waiting for a standard custody hearing could put the child at further risk. Some common scenarios where emergency custody may be granted include:
- A parent has been arrested for domestic violence or child abuse.
- A parent has relapsed into substance abuse and is unfit to care for the child.
- A child has been left in unsafe conditions or abandoned.
- A parent has threatened to harm the child or take them out of state without permission.
How to File for Emergency Custody in Utah
If you believe your child is in danger and you need immediate legal protection, follow these steps to request emergency custody:
1. Gather Evidence of the Emergency
Before filing, you need to present strong evidence showing why emergency custody is necessary. This may include:
- Police reports documenting domestic violence, abuse, or neglect
- Medical records showing injuries or signs of mistreatment
- Witness statements from teachers, neighbors, or family members
- Text messages, emails, or voicemails containing threats or admissions of harm
2. File a Motion for Temporary Emergency Custody
You must submit a formal motion (legal request) to the Utah family court explaining the urgent circumstances and why emergency custody is necessary. This motion should include:
- A detailed statement of the emergency
- Evidence supporting your claims
- A request for a hearing (if needed)
3. Attend an Emergency Custody Hearing (If Required)
In some cases, the court will issue a temporary order based on the documents provided, but in others, a hearing may be scheduled within a few days. At the hearing, both parents may be allowed to present evidence and testimony.
4. Obtain the Temporary Custody Order
If the judge grants emergency custody, the order will specify:
- Who has temporary legal and physical custody of the child
- Any restrictions on the other parent’s visitation or contact
- The duration of the emergency order (usually until a full custody hearing can be held)
5. Follow Up with a Permanent Custody Modification (If Necessary)
Emergency custody orders are temporary, usually lasting a few weeks to a few months until a more formal custody arrangement is established. If the danger to the child is ongoing, you may need to request a modification of custody to make the change permanent.
What If You Need Immediate Protection?
If you fear immediate harm to your child, you should:
- Contact law enforcement if there is an active threat.
- Request a protective order if the danger involves domestic violence.
- Work with a family law attorney to file the emergency custody request quickly.
Get Legal Help for Emergency Custody in Utah
Emergency custody cases are time-sensitive and complex. If you believe your child is in immediate danger, it’s crucial to take action quickly and ensure all legal steps are followed correctly.
Need help with an emergency custody case? Contact us today for a consultation.