When a child is in danger, time is of the essence. Fortunately, Utah law offers several legal tools that can 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. The best option will depend on your relationship to the child, whether there’s already a court case open, and how urgent the situation is.
Here are the main paths you can take:
Report to the Division of Children and Family Services (DCFS)
- If you believe a child is being abused or neglected, you can report the situation to DCFS. This agency investigates claims of abuse and has the authority to intervene immediately if necessary, including removing a child from a dangerous environment.
File for a Child Protective Order (Juvenile Court)
- If DCFS involvement isn’t appropriate or hasn’t resulted in action, you may be able to file a child protective order through the juvenile court. This option is designed specifically to protect children from abuse or harm. The court can issue orders to keep the alleged abuser away from the child, including emergency custody if needed. You will need to be able to inform the juvenile court of the DCFS case number from you having previously reported the problem to DCFS.
Seek a Cohabitant Protective Order (District Court)
- If the individuals involved live together or have a qualifying domestic relationship, a cohabitant protective order may be another route. These are often filed in situations involving intimate partners or family members. A judge can issue temporary custody orders as part of this process—even if a divorce or custody case hasn’t been filed yet. While these orders can help quickly, they are temporary and typically require that a full custody or divorce case be filed shortly after.
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. The TRO can provide short-term protection until a hearing can be held and more permanent orders put in place.
No Case Yet? You Can File Both a TRO and a Petition Together
- 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, 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.