Divorce, legal separation and paternity are types of court cases in which child custody is an issue. But these are not the only types of cases that involve child custody issues. Abuse and neglect proceedings, also known as child in need of care cases, nearly always involve custody, including emergency custody, according to the American Bar Association Section of Family Law.
Function
The function of an emergency custody order is to remove a child from his home and place him in another location where he is safe and secure until further court proceedings. An emergency custody order names another family member or an agency to serve as the legal custodian of the child, according to the Child Welfare Information Gateway.
Considerations
A typical situation in which emergency custody is ordered involves parents facing a substantial accusation of abuse or neglect of the child. A mere accusation that parents abused or neglected a child is not sufficient. There must be evidence to support the removal of the child from his parents' home, even for a short time.
Features
An emergency custody order is issued without a hearing, according to the Child Welfare Information Gateway. The reality is that the removal of a child from an abusive or neglectful situation usually calls for swift action. Depending on the nature of the situation, a child may be removed from a home by law enforcement or a child welfare agency, after which a custody order is sought from the court.
Time Frame
An emergency custody order remains in force for a short time. In most cases, the court conducts a hearing on the allegations of abuse and neglect within 48 hours. If a judge elects to keep the child out of the parents' home, she issues what is known as a temporary custody order, pending further hearings by the court, according to the U.S. Department of Justice.
Significance
Removing a child from his parents is an act of significant legal consequence. Upon a demonstration of abuse or neglect, the burden shifts to the parents to complete what is known as a reintegration plan to obtain the return of the child. Such a plan typically requires the completion of parenting programs or classes, anger management and substance abuse counseling or treatment.
References
- Child Welfare Information Gateway: State Laws on Abuse and Neglect
- U.S. Department of Justice: Law Enforcement Response to Child Abuse
- "Child Custody A to Z"; Guy J. White; 2005
