In Need of an Emergency Custody Attorney in Simpsonville, SC?
At the David W. Martin Law Group, our Simpsonville emergency custody lawyers know that if you believe your kids, or those belonging to a family member, are in danger, you will do anything you can to remove them from any potential risks. Unfortunately, especially when you have a legally binding child custody agreement or court order in place, you cannot simply take your kids from their other parent’s home during their allotted parenting time.
Our Greenville County emergency custody attorneys can help you understand your legal rights and options to remove your South Carolina children or those of loved ones from extraordinary situations where they are in immediate danger.
Contact us today to learn more about when you can have your children, or a family member’s children removed from a home where imminent danger poses a risk to their well-being.
How Does Emergency Custody Action Work in South Carolina?
An Emergency Custody Action in South Carolina is the request for an order to remove minor children — who cannot care for themselves and are at the mercy of their parents or guardians — from the home to ensure their safety.
During these cases, our skilled Simpsonville emergency custody lawyer will petition the South Carolina Family Court to grant an emergency hearing to assess the dangers the children face quickly, so they are not waiting for a regularly scheduled hearing.
When parents, grandparents, or other concerned family members believe children are in danger, they must understand that they need more than an accusation to pursue an emergency custody action in South Carolina.
That may include evidence that proves the children are in danger from:
- Criminal activity, arrests, or convictions.
- Excessive drug or alcohol use or overdoses.
- Inappropriate partners or visitors.
- Parental incapacity.
- Physical, emotional, or sexual abuse.
- Severe neglect.
- Suicide attempt by the parent.
While this is not an exhaustive list of dangerous circumstances, our trusted Simpsonville emergency custody lawyers can help you understand your legal rights and options to pursue court intervention for your unique case.
Our South Carolina Legislature provides the statute necessary to pursue an emergency order to ensure children are safe. This statute requires our emergency custody attorneys in Simpsonville to file a motion for immediate temporary relief that includes a supporting affidavit and additional documents to successfully fulfill the court’s requirements to move forward with the emergency order.
Evidence that may be presented to the court to pursue an emergency custody action in South Carolina may include, but is not limited to:
- Photos and/or videos.
- Police reports.
- Statements provided by the child or other third parties, including neighbors, schoolteachers, mental health professionals, and visitors to the home.
- Text messages, emails, and voicemails.
After hearing the applicable evidence, a South Carolina Family Court judge 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.
Once the emergency intervention moves forward, the case will require a subsequent hearing to address the matter in more detail. At this point in the case, a court-appointed guardian — called a Guardian Ad Litem — will watch after the minor while investigating the claim.
At the David W. Martin Law Group, our Greenville County emergency order attorneys 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.
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Contact Our Emergency Custody Attorneys in Simpsonville, South Carolina for a Consultation Today
Emergency custody orders often involve highly emotional parties, which can make building a case difficult — especially if the intervening party does not have the proper evidence to pursue such an important claim.
Contact our family law attorneys in South Carolina today at the David W. Martin Law Group to discuss your concerns during a consultation by calling 803-548-2468. We will answer each of your questions and provide the experience you need to pursue the best outcome for your unique circumstances.