In Need of an Emergency Custody Lawyer in Spartanburg, SC?
At the David W. Martin Law Group, our Spartanburg family law attorneys know that stability and permanency are essential to a child’s healthy upbringing in South Carolina and nationwide.
Our Spartanburg County family lawyers also know that each child’s well-being is the assumed responsibility of their parents. Unfortunately, some kids find themselves in extraordinary situations where they are in immediate danger at home and need protection.
This is why we are here.
Our Spartanburg emergency custody attorneys provide customized legal solutions for friends, family members, and others seeking ways to remove these children from the immediate or ongoing risks associated with their living arrangements.
If you would like to seek Emergency Custody Action in South Carolina, our skilled family law attorney will help you immediately request a legal order to remove the minor children — who are at the mercy of their parents and cannot care for themselves — from the home to ensure their safety. The safety of the kids involved is our priority. Call us now to learn more about how we can help immediately impact their lives.
What Are the Most Valid Reasons for Granting Emergency Custody in Spartanburg, South Carolina?
As experienced family law attorneys in South Carolina, the most unfortunate aspect of our jobs is that we know that not all kids live in a safe place.
Whether their daily worries involve where their food, shelter, or clothing will come from or their ongoing exposure to unsafe conditions, other adults have the legal opportunity to step in and help ensure they are adequately cared for.
Dangers that rise to the level of emergency custody actions in South Carolina may include, but are not limited to, the children being exposed to:
- Criminal activity, arrests, or convictions.
- Excessive drug or alcohol use or overdoses within the home.
- Inappropriate partners or visitors in the home, including those listed on the South Carolina Sex Offender Registry.
- Parental incapacity.
- Parental suicide attempt(s).
- Physically, emotionally, and sexually abusive behavior.
- Severe child neglect.
This list is not exhaustive, as each child’s unsafe conditions can arise from negligent or abusive behavior that impacts their well-being. Before our attorneys can help pursue your case, a critical factor in filing an emergency custody order in South Carolina requires evidence to follow the action.
Some factors, like imprisonment or suicide attempts, may be easy to acknowledge and prove with documentation, while others may be harder to identify successfully. An emergency custody order cannot be pursued — and will indeed not be granted by a judge — based on an assumption or feeling.
Physical evidence must be presented to the court to support the idea that the child is in imminent danger, which may include:
- Photos and videos of dangerous circumstances or living conditions.
- Police reports.
- Statements provided by the children.
- Statements provided by third parties, including neighbors, schoolteachers, and visitors to the home.
- Text messages or voice mails.
At the David W. Martin Law Group, our emergency order attorneys in Spartanburg will present a robust case to pursue an emergency order effectively and will continue to build the evidence necessary to help you keep the children out of harm’s way going forward.
We Also Represent the Following Practice Areas:-
- Child Relocation
- Grandparents Rights
- Divorce and Child Custody
- Property Division
What Happens When Someone Files an Emergency Custody Order in Spartanburg, South Carolina?
In difficult situations where children are severely at risk, the South Carolina Legislature provides the statute necessary to pursue an emergency order to ensure their safety.
Next, the South Carolina Family Courts have the temporary emergency jurisdiction to intervene if the child has been abandoned, threatened, or subjected to abuse or mistreatment and needs emergency protection.
During an emergency custody order in South Carolina, the Family Courts typically require a family law attorney to develop the necessary evidence and present the case for removing children from their homes.
Once the applicable evidence has been thoroughly presented:
- The judge may issue temporary emergency relief by immediately removing the child(ren) from the home, typically on the same day.
- A hearing date will be scheduled, allowing the opposing party to defend him or herself, typically within two to four weeks of the emergency order.
- The individual who pursued the South Carolina emergency custody action must be prepared to testify and present additional evidence for keeping the order in place at the hearing.
Our Spartanburg emergency custody order attorneys will present additional affidavits, evidence, testimony, and proposed parenting plans and custody solutions for keeping the children safe at the hearing.
Contact Our Emergency Custody Order Attorneys in Spartanburg, South Carolina, for a Consultation Today
Petitions for emergency custody orders in South Carolina are highly emotional and complex circumstances that require a precise legal approach to produce lasting results.
We can help. Contact our emergency custody attorneys in Spartanburg today at the David W. Martin Law Group to discuss your concerns during a consultation by calling 864-606-0053 or online. We will answer your questions and provide the experience you need to pursue the best outcome for your unique circumstances so that together we can follow the best outcome for the children.