Bumpers' Legal Insights
“EMERGENCY CUSTODY”
Obtaining an emergency custody order is a critical step in ensuring the safety and well-being of a child in immediate danger. By recognizing the need to file for an emergency order and reaching out to an attorney to help with this process, you can help protect your child from harm and potentially put yourself in a position to permanently care for the child in your home.
What is an emergency when it comes to custody? An emergency means there’s immediate danger of irreparable harm to someone in the case, usually you or your child. For example, it’s an emergency if you find out your child’s other parent plans to move your child out of the country next week without a court order or your agreement. You need a judge to make an order within a few days before the parent takes the child. Another example would be a parent caring for a toddler while under the influence of copious amounts of illegal drugs.
Other forms of emergencies can be loss of housing, physical violence, injury, neglect, criminal arrests, and abuse. Facts which support such findings can influence the court to enter an emergency order to change custody on an emergency basis to protect the child. The safety of your child is paramount and taking swift action can make all the difference in the world.
In Arkansas, an ex parte order for emergency custody can be issued when there is probable cause to believe a juvenile’s health or physical well-being is in immediate danger, or if they are at risk of being permanently removed from the state or country without notice to the other parent or guardian. And once these facts are properly placed before the Court, the Court has the ability on an emergency basis to allow a parent or family member to pick up (with the aid of the Police, if needed) the minor child in question from their difficult situation.
After the Court authorizes emergency relief, the orders of the Court will take effect immediately. Because of this, the other parent or custodian of the child must be immediately served with the pleadings with a court date. The hearing must be held within ten days of an entry of the order, or the order could be dismissed. At the hearing, the Court will determine if the facts alleged in the petition for emergency are true and correct, then make a ruling based on the best interests of the child of the action.
The same can be true for an adult. If it is contrary to the health, safety, and welfare of an adult to be left in a situation based on their mental health, the Court may order placement in an appropriate facility to help them, on a temporary basis, to provide enough clarity of thought in hopes to allow the adult to begin making more healthy choices for themselves. If that is not possible, the Court may extend the period of time for placement until clarity can be found.
Arkansas law also allows for the involuntary admission of persons suffering from alcohol and/or drug addiction. Any person having reason to believe a person is homicidal, suicidal, or gravely disabled due to drug or alcohol addiction may file a petition seeking involuntary treatment of the addicted person. The petition alleging one or more of these criteria is filed with the circuit court of the county where the person sought to be involuntarily admitted for treatment resides or is detained. A person may be admitted for treatment for an initial period, which can also be extended under the right circumstances, if obtained prior to the expiration of the initial commitment.
If your child or loved one is at risk of danger to themselves or others, you should immediately contact an attorney as soon as possible to protect them.