In Need of an Emergency Custody Lawyer in Myrtle Beach, South Carolina?
At the David W. Martin Law Group, our Myrtle Beach emergency custody attorneys help parents, guardians, or other relatives and concerned parties enforce their rights to intervene when there is an immediate threat to the child’s physical or emotional safety, including cases of abuse, neglect, or imminent danger.
South Carolina laws allow individuals to initiate a legal action by filing a “Petition for Emergency Custody” in family court. However, these concerned parties must understand their requests must be supported by solid evidence that proves the child is in danger.
Our Horry County emergency custody lawyers can help. Our experience allows us to customize each of our client’s cases to fit their unique needs so we can help remove children from any potentially dangerous circumstances and help keep them safe.
Is an Emergency Hearing Required to Obtain Emergency Custody of a Child in South Carolina?
To obtain an emergency custody order in South Carolina, you must present compelling evidence demonstrating to the court that there is an immediate and significant risk or danger to the child’s well-being.
The evidence should support the need for an emergency change in custody.
While the specific evidence required may vary depending on the circumstances of the case, here are some types that are often considered in South Carolina emergency custody hearings:
- Witness Statement
Sworn statements from individuals who have firsthand knowledge of the situation, such as teachers, counselors, family members, or other caregivers, can be highly persuasive.
- Police Reports
If law enforcement has been involved in incidents related to the child’s safety or well-being, police reports can provide critical evidence.
- Medical Records
Medical records may be relevant if they document injuries, signs of abuse, or other health concerns related to the child.
- Photographs and Videos
Visual evidence can support your case, including photographs or videos of injuries, living conditions, or other relevant circumstances.
- Text Messages and Emails
Preserving and presenting relevant text messages or emails can be essential if communication demonstrates a threat, neglect, or other concerns.
- Testimony of the Child
Depending on the child’s age and maturity, their statements in court or through interviews with professionals may be considered.
- Documentation of Neglect or Abuse
Records of previous allegations or child abuse or neglect findings, like those reported to the South Carolina Department of Social Services (DSS), can be vital.
- Records of Substance Abuse
Evidence of a parent’s substance abuse problem, like records of rehabilitation or arrests related to drug or alcohol use, can be relevant if it affects the child’s safety.
- Criminal Records
Information about a parent’s criminal history, particularly violent or dangerous offenses, can be considered.
During the emergency custody hearing, both parties can present evidence, witness testimony, and arguments to support their positions. The party seeking emergency custody must demonstrate that the child is in immediate danger or at risk.
After hearing the evidence and arguments, the judge will decide on the emergency custody request. The judge may grant the request and issue an emergency custody order in favor of the requesting party or deny the request if the evidence does not establish a genuine emergency.
If the court grants the request for emergency custody, it will specify the terms of the temporary custody arrangement. This may include visitation rights for the non-custodial parent, restrictions on contact, or other provisions to protect the child. An emergency custody order is temporary and typically continues until a full custody hearing can be scheduled. The court will set a date for a subsequent hearing to address the underlying custody issues in more detail.
What if the Emergency Custody Request is Denied?
If your request for emergency custody is denied, you can still pursue a regular custody hearing or modification proceeding, which provides a more in-depth evaluation of the child’s situation.
We can also help for:
- Child Custody
- Fathers Rights
- Grandparents Rights
- Child Support
- Uncontested Divorce
- Property Division
- Visitation Modification
Contact our Emergency Custody Attorneys in Myrtle Beach, South Carolina for Help
It is important to note that emergency custody orders are designed to address immediate safety concerns and do not necessarily dictate the final custody arrangement. A subsequent custody hearing will provide a more comprehensive evaluation of the situation and determine the long-term custody arrangement. Our skilled emergency custody attorneys in Myrtle Beach can help you navigate the legal process effectively and protect the child’s interests.
Call 854-854-5623 or contact us online to learn more about your legal rights and options to pursue the best outcome for your unique case by partnering with our dedicated Myrtle Beach emergency custody attorneys at the David W. Martin Law Group today.