Emergency Child Custody in Virginia
Speak with an Honest, Accessible Fairfax Child Custody Attorney
A parent or guardian who is given full physical
child custody of a child after a
divorce or break up of the parents’ relationship is assumed to be the best
candidate for raising and protecting that child. But sometimes that does
not turn out to be true, or people change over time, and the child’s
health and well-being are jeopardized.
In Virginia, if a child is at risk of being harmed by their parent, caretaker,
or custodian, any person with a legitimate interest in the matter can
use an emergency child custody petition to move that child temporarily
to a safe location.
If you need emergency child custody,
contact us now!
How Do Emergency Custody Orders Work?
A child’s best interests and health are always paramount, no matter
the legalities involved in a particular situation. If a child is being
hurt, Virginia law encourages people to take action and protect them.
To this end, emergency child custody petitions were created to eliminate
unsafe situations and house the child until a different custody arrangement
People who can file for an emergency child custody order include:
- Parents without physical custody rights
- Older, adult siblings
- Aunts, uncles, or older, adult cousins
- Close friends of the family
Actions or behaviors that may validate the petition are:
- Physical abuse
- Sexual molestation
- Abandonment or neglect
- Custodian is a drug or alcohol abuser
When an emergency custody petition is created, the subsequent hearing is
often held a day or two later, as the child’s health may be in jeopardy.
A judge overseeing the hearing will review the evidence presented to determine
if danger actually does exist and if custody must be taken away from the
current parent or guardian, and if it should temporarily be transferred
to the petitioner.
Requesting Emergency Child Custody
It is useful to bring physical evidence to make an argument during an emergency
- Police reports
- Child’s medical/dental history
- Guardian’s criminal record
- Past records of abuse convictions
- Records from Child Protective Services
- Records from the child's psychologist (if applicable)
Note: If you believe that a child is in immediate danger of physical harm, you
should first call the authorities to intervene before filing an emergency
Get Legal Help for Your Family
Do you need help with an emergency child custody petition? Want representation
at an upcoming hearing? Malinowski Hubbard and our Fairfax child custody
attorneys handle emergency cases, providing trusted representation and
compassionate legal counsel during this time of need.
Contact us online at your first opportunity to learn more about our services.