Taking the right step in urgent situations
Utah law offers several legal tools to help secure emergency custody or protect a child from harm if the situation is urgent but does not rise to the level of calling 911 or otherwise involving law enforcement.
Report to the Division of Children and Family Services (DCFS/CPS): The Department of Child and Family Services (DCFS), the agency which investigates claims of abuse has the authority to intervene immediately if necessary, including removing a child from a dangerous environment.
File for a Child Protective Order (Juvenile Court): File a child protective order through the juvenile court if DCFS involvement hasn’t resulted in action The court issues orders to keep alleged abusers away from the child, including emergency custody.
Seek a Cohabitant Protective Order (District Court): Couples who live together or have a qualifying domestic relationship, may file a protective order. The court can issue temporary custody orders as part of a protective order, even if a divorce or custody case hasn’t been filed yet.
File a Temporary Restraining Order (TRO) in an Existing Case: If there’s already a family law case open, like a divorce or custody proceeding, you can file for a temporary restraining order (TRO). This is a fast way to ask the court to restrict a parent’s access to a child if you can show there’s an immediate risk of harm. If there isn’t already a court case pending, it’s still possible to act quickly. You can file a TRO along with a petition for custody or divorce petition to modify custody, or a motion to enforce an existing order. This allows the court to issue emergency relief while officially opening a case at the same time.
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, take action. Contact us today for a consultation.