Skilled Emergency Custody Action Lawyers in Greenville, South Carolina
At the David W. Martin Law Group, our Greenville emergency custody lawyers understand that splitting your kids’ time with their other parent or guardian after a divorce is one of the most challenging parts of dissolving a marriage.
Our Greenville County child custody attorneys also know that if your children are in immediate danger while with the other parent in South Carolina the best way to remove them from the harmful circumstances requires legal assistance.
These extraordinary situations are unique to each of our clients who find themselves pursuing emergency custody in Greenville.
We can help you determine the best legal options to regain control of your children’s well-being.
When Can a Parent Pursue Emergency Custody of Their Children in Greenville, South Carolina?
An Emergency Custody Action in South Carolina is a legal request to remove minor children from the other parent or guardian’s home to ensure their safety.
To pursue an emergency custody order in Greenville, there must be dangerous circumstances in the children’s home that can impact their safety.
Common circumstances that may warrant emergency custody intervention may include accusations against the adults relating to:
- Criminal activity, arrests, or convictions
- Domestic violence or abusive behavior toward a child
- Excessive drug or alcohol use or overdoses
- Inappropriate partners or visitors in the home, including sex crime offenders or someone who has committed criminal sexual conduct against minors
- Parental incapacity
- Severe neglect of a child
- Suicide attempt by the parent
- Property Division
- Alimony / Spousal Support
- Child Support
- Child Custody
- Father’s Right
Each child’s unsafe conditions can arise from any type of negligent or abusive behavior that keeps them from living a full life and may include behaviors outside of those listed here.
If you believe your children are in imminent danger of being harmed by their other parent or guardian, contact our skilled Greenville emergency custody attorneys today to discuss your unique circumstances. We can help.
South Carolina Family Courts have the power to grant emergency hearings to address the issues for each case quickly, so the child is not left in danger during the time it takes to hold a standard hearing.
How Can I File an Emergency Custody Order in South Carolina?
When there is no time to plan for a child’s removal from the home, which usually involves collecting evidence and investigating any potential hazards, dangerous circumstances could cause imminent harm without an immediate removal, which requires an emergency order action.
If a child has been abandoned or is threatened or subjected to abuse or mistreatment, our dedicated Greenville family law attorneys will file a motion for emergency temporary relief, a supporting statement of facts, and additional documents to successfully fulfill the court’s requirements.
Based on the evidence provided in our request, the judge will review the case during an expedited hearing and may issue a temporary order concerning the petition for emergency relief. Most emergency custody actions are ordered immediately, the same day as the initial request, allowing the order to go into effect immediately.
The Court will address the emergency issue and may require a subsequent hearing to address the matter in more detail after a Guardian Ad Litem a court-appointed guardian to watch after the minor during a case — has investigated the claim.
At the David W. Martin Law Group, our emergency order attorney in Greenville can help you build your case to effectively pursue both an emergency order and prepare for the hearing that may allow you to take possession of the children.
Contact Our Experienced Emergency Custody Lawyers in Greenville, South Carolina
If you believe your child is being placed directly in harm’s way when he or she is at their other parent or guardian’s house, contact our emergency custody order attorneys in South Carolina at (803) 590-1958 or contact us online to learn more about your legal rights and options to intervene and take back control of your kids’ safety.