Getting an Emergency Custody Order in Maryland
You fear your child is going to be harmed in some way and want to do something about it. Unfortunately, you don’t have custody of the child. If this ever happens, you do not have to be a helpless bystander.
The answer for you and your child may be an emergency custody order. Houlon Berman’s family law attorneys are experienced in Maryland family law and devoted to custody matters. Let us help you get an emergency custody order in Maryland.
What is an Emergency Motion to Modify Child Custody?
An emergency motion to modify child custody is a legal request to the court to alter the existing custody order due to an urgent situation that threatens the child’s safety or well-being. Unlike standard custody modifications, which can take months to process, emergency motions are handled quickly by the courts to address immediate concerns.
When Should You File an Emergency Motion to Modify Child Custody?
Filing an emergency motion is a serious step and should only be considered when there is clear evidence that the child is in danger. Common scenarios include:
- Abuse or Neglect: If a parent or guardian is suspected of physically, emotionally, or sexually abusing the child, an emergency motion is warranted.
- Substance Abuse: If the custodial parent is abusing drugs or alcohol, creating an unsafe environment for the child, immediate action may be necessary.
- Domestic Violence: Exposure to domestic violence, whether directed at the child or within the household, can justify an emergency modification.
- Mental Health Issues: If the custodial parent exhibits severe mental health issues that endanger the child, the court may intervene.
- Relocation Without Consent: If the custodial parent plans to relocate with the child without the other parent’s consent, it could be grounds for emergency custody modification.
Legal Grounds for Temporary Emergency Custody in Maryland
In Maryland, temporary emergency custody is granted under specific circumstances where the child’s safety is at risk. The court must be convinced that immediate intervention is necessary to protect the child. Here are the legal grounds for temporary emergency custody:
Imminent Danger to the Child’s Health or Safety
The most common reason for granting temporary emergency custody is when the child faces an imminent threat. This could include situations where the custodial parent is involved in criminal activities, exposing the child to dangerous individuals or environments.
Abandonment or Desertion
If a custodial parent abandons the child, leaving them without proper care or supervision, the court may grant emergency custody to the non-custodial parent or another responsible adult.
Violation of Custody Orders
If the custodial parent violates the terms of the existing custody order, such as by refusing visitation or moving the child without notice, the other parent may seek emergency custody.
The Process of Filing an Emergency Motion to Modify Child Custody in Maryland
Filing an emergency motion to modify child custody involves several critical steps. Understanding these steps can help you navigate the process effectively.
Consult with a Family Law Attorney
Before filing an emergency motion, it’s essential to consult with an experienced family law attorney. They can assess your situation, advise you on the best course of action, and ensure that your motion meets the legal requirements in Maryland.
Gather Evidence
To support your motion, you’ll need to provide evidence of the emergency. This may include police reports, medical records, witness statements, or any documentation that demonstrates the risk to the child. The more compelling your evidence, the stronger your case will be.
File the Motion
Your attorney will help you prepare and file the emergency motion with the appropriate Maryland court. The motion must clearly outline the reasons for the requested custody modification, supported by the evidence you’ve gathered.
Attend the Emergency Hearing
Once the motion is filed, the court will schedule an emergency hearing. During this hearing, both parents will have the opportunity to present their case. The judge will review the evidence, hear testimonies, and make a decision based on the child’s best interests.
Follow Up with a Full Custody Hearing
If the court grants your emergency motion, the custody order will be temporarily modified. However, a full custody hearing will be scheduled to determine if the change should be made permanent. It’s crucial to continue gathering evidence and preparing for this hearing.
Challenges and Considerations in Emergency Child Custody Cases
While the process of filing an emergency motion to modify child custody may seem straightforward, there are several challenges and considerations to keep in mind.
Burden of Proof
In emergency custody cases, the burden of proof lies with the parent filing the motion. You must convincingly demonstrate that the child is in immediate danger. Without solid evidence, the court may deny the motion, leaving the existing custody arrangement in place.
Potential for False Allegations
Unfortunately, in high-conflict custody disputes, false allegations of abuse or neglect may be made to gain an advantage. Courts are aware of this possibility and will scrutinize the evidence carefully. Making false claims can backfire, leading to legal consequences for the accusing parent.
Impact on the Child
While emergency custody modifications are intended to protect the child, they can also be traumatic. Abrupt changes in living arrangements, especially during contentious disputes, can cause emotional distress. Courts aim to minimize this impact by making decisions that prioritize the child’s long-term well-being.
How Maryland Courts Decide on Emergency Motions
Maryland courts take emergency motions to modify child custody very seriously. Judges are tasked with making decisions that are in the best interests of the child, taking into account various factors.
The Best Interests of the Child Standard
The primary consideration in any custody case is the best interests of the child. Maryland courts evaluate factors such as the child’s age, health, emotional ties to each parent, and the ability of each parent to provide a stable environment.
Parental Fitness
Courts assess the fitness of each parent, including their mental and physical health, lifestyle, and history of caregiving. A parent deemed unfit due to substance abuse, criminal behavior, or neglect may lose custody rights.
Child’s Preference
In some cases, the court may consider the child’s preference, especially if the child is older and mature enough to express their wishes. However, this is just one factor among many and is not always decisive.
Stability and Continuity
Judges often prefer to maintain stability in the child’s life, which means they may be reluctant to change custody arrangements unless there is clear evidence of harm. The goal is to minimize disruption to the child’s routine and relationships.
Preparing for the Full Custody Hearing After an Emergency Order
If you succeed in obtaining a temporary emergency custody order, the next step is to prepare for the full custody hearing. This hearing will determine whether the emergency modification should be made permanent.
Continue Gathering Evidence
The evidence that supported your emergency motion will also be crucial in the full custody hearing. However, you’ll need to provide even more detailed documentation and possibly expert testimony to strengthen your case.
Work with Your Attorney
Your family law attorney will play a key role in preparing for the full custody hearing. They will help you build a comprehensive case, present evidence effectively, and cross-examine witnesses. Their expertise is invaluable in navigating the complexities of custody law.
Address the Child’s Needs
The full custody hearing will focus on what is best for the child in the long term. Be prepared to demonstrate how your custody arrangement will meet the child’s emotional, educational, and physical needs. The court will consider your ability to provide a stable, loving environment.
Be Open to Mediation
While a full custody hearing may be necessary, Maryland courts often encourage mediation as a way to resolve custody disputes amicably. If both parties can agree on a custody arrangement that serves the child’s best interests, the court may approve the agreement without a prolonged legal battle.
What is an Emergency Hearing?
Ultimately, an emergency hearing is just what it sounds like: a hearing that happens quickly because of an impending custody or child-safety emergency. This type of hearing typically occurs within 3-5 days of the initiation and allows for quick legal judgments where time is of the essence.
When Do You Need an Emergency Custody Order?
Most commonly, an emergency hearing for custody is required when some aspect of your custody agreement is being violated, or about to be violated. Addressing it through normal court procedures could take weeks or months, and that may not be fast enough.
For example: Your child’s other parent plans to leave the country in a few days and take the child with them. You don’t have weeks or months to wait—you need action now. That’s when an emergency hearing for custody is needed.
What is Involved in an Emergency Hearing for Custody?
An emergency hearing is different from a regular court proceeding. You and your attorney start the process by submitting an application for the emergency hearing. Your main goal at this point is to make clear to a judge that a particular situation represents an emergency and that a hearing should be scheduled as soon as possible. (This isn’t the time to explain all the facts of your divorce and custody arrangements.)
If the judge consents, you’ll receive copies of an order that will require your child’s other parent to appear at the hearing. The hearing will likely be held within 3-5 days. It will probably be very brief, and it may happen in a judge’s chambers rather than a courtroom. You and the child’s other parent might have the opportunity to speak, or you might not. The exact nature of the situation will determine the content of the hearing and whether you are eventually granted an emergency custody order.
When there’s a situation that endangers your child or custody arrangement, there’s little time to wait. An emergency hearing and emergency custody order let you act quickly to protect your child.
Instead of spending valuable time figuring out the process and managing it yourself, let Houlon Berman’s skilled family law team help you. Our experience with Maryland family law will help you do what is in the best interest of your child, as fast as is necessary.
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