Why Would Someone File for Emergency Custody in an AL Divorce

What are some reasons someone might file an emergency custody petition in a contested divorce in Auburn or anywhere else in Alabama? A petition for emergency custody of a child is used when one spouse believes that a child is in harm’s way and they seek immediate custody of that child in order to protect the child’s wellbeing. This often happens when one parent is creating a dangerous environment for the child to be around, and this type of petition allows for the other spouse to remove the child from that situation. If a child is being abused or neglected, then a petition for emergency custody should be filed. It is not always one parent seeking custody from the other, this emergency custody can also be sought by someone other than the parents if both of the parents are neglecting or abusing a child. 

Alabama has a statute for emergency custody, which states that “a court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling, or parent of the child is subjected to or threatened with mistreatment or abuse.” Ala. Code § 30-3B-204. Therefore, if a child is in danger or being neglected in Alabama, one has the right to have their divorce lawyer in Troy, or wherever they reside, file a petition for an emergency custody order. 

This is very common in divorces where one spouse files for a divorce to get away from a domestic violence situation. In these situations, a spouse may file a petition for an emergency custody order, so that the spouse and the child can remove themself from the dangerous situation and gain custody of the child before the divorce has been settled. In these circumstances, a spouse may also file a petition for protection from abuse, where the court will often grant an emergency custody order along with the protection from abuse. 

There are many different reasons that one would have a divorce attorney in Prattville file their petition for an emergency custody order, such as alcohol or drug abuse in the presence of the child. This is one of the more common reasons that people file this type of petition. Sadly, there is often alcohol and drug abuse during a divorce and an emergency custody order can be set in place to ensure that a child will not be subjected to that environment. The party that is seeking emergency custody should hire an attorney that will file the petition with the court. In this petition, your Pike County divorce lawyer will need to present evidence that the child you are seeking custody of is in immediate danger and needs to be removed from the situation. 

Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, and real estate closings on this website. He is always available in any of the firm’s offices or by phone anytime for a consultation. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply any feedback. We appreciate our readers and love to hear from you!

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