In Need Of an Emergency Custody Attorney?
Stability and permanency are important to a child’s healthy upbringing, which is an assumed responsibility for parents through the state.
However, when children are in extraordinary situations where they are in immediate danger at home and need protection, our emergency custody attorneys in Fort Mill, Greenville & Rock Hill focus on providing solutions for minors who are at risk.
When a child’s current living arrangements pose an immediate danger to their safety and welfare in Fort Mill, Greenville & Rock Hill, South Carolina, we cannot ignore their circumstances or wait for someone else to do the right thing and provide safe shelter for minors throughout the state.
Our emergency custody lawyers in Fort Mill, Greenville & Rock Hill provide the experience and skill our clients need to pursue safety for children who cannot protect themselves in the one place they should feel safe from harm: Home.
What is an Emergency Custody Action in Fort Mill, Greenville & Rock Hill, SC?
An Emergency Custody Action in Fort Mill, Greenville & Rock Hill, 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 from the home to ensure their safety.
Our South Carolina Family Court has the power to grant an emergency hearing 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.
What Are the Most Common Reasons for Granting Emergency Custody in Fort Mill, Greenville & Rock Hill, SC?
While most children live in a safe place, where they do not have to worry about where their food, shelter, or clothing will come from, many are not as fortunate and are exposed to unsafe conditions at home more often than most would like to admit.
When this is true for kids in Greenville County, our emergency custody lawyer in Fort Mill, Greenville & Rock Hill will help prepare the necessary paperwork to intervene and ensure the safety of the children is paramount in our hearing.
At-home dangers that rise to the level of emergency custody actions may include, but are not limited to the parent/guardian:
- Abusive behavior toward a child, or other domestic abuse concerns
- Excessive drug or alcohol use or overdoses
- Criminal activity, arrests, or convictions
- Inappropriate partner or visitors in the home, including sex crime offenders or someone who has committed criminal sexual conduct against minors
- Severe neglect of a child
- Suicide attempt by the parent
- Parental incapacity
This list is not exhaustive, as each child’s unsafe conditions can arise from any type of negligent or abusive behavior that keeps them from living a full life.
How Can I File an Emergency Custody Order in Fort Mill, Greenville & Rock Hill, SC?
Typically, our South Carolina Family Courts prefer family law attorneys to take the time to develop the necessary evidence and present the case for removing children from their homes.
In difficult situations, where children are severely at risk, our South Carolina Legislature provides the statute necessary to pursue an emergency order to ensure their safety.
Our South Carolina Family Court has temporary emergency jurisdiction if the child has been abandoned or when their need for protection is an emergency because he or she is threatened or subjected to abuse or mistreatment.
To pursue an emergency custody order, we must file a motion for emergency temporary relief and a supporting affidavit, and additional documents to successfully fulfill the court’s requirements.
Our complete submission will allow a judge to warrant an emergency or expedited hearing, based on the evidence provided in our request.
When the emergency custody order is approved, the family court may order a child be taken into emergency protective custody without the consent, when:
- There exists an imminent and substantial danger to the child’s life, health, or physical safety
- Parents/guardians/others exercising temporary/permanent control over the child are unavailable
Next, we will present:
- Additional affidavits
- Sworn financial declarations
- Proposed parenting plans
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.
If you know an at-risk child, contact our emergency custody order lawyers in Fort Mill, Greenville & Rock Hill, South Carolina at (803) 548-2468 for help today.
If children are left in dangerous situations, their helpless, young lives are literally at risk. Emergency orders may remove these children from hazardous circumstances to help ensure their safety.
Our Family Law Lawyers in Fort Mill, Greenville & Rock Hill, SC Represent Clients in the Following Practice Areas:
- Property Division
- Alimony / Spousal Support
- Child Custody
- Child Support
- Legal Separation
- Child Relocation
- Father’s Rights
- Grandparents Rights
South Carolina Emergency Orders Require Real Evidence to Pursue Successfully
Filing an emergency custody order in Fort Mill, Greenville & Rock Hill, South Carolina will require evidence to pursue the action.
Evidence will be the most important factor in the judge’s decision whether to grant you the emergency order.
While some scenarios, like parents being arrested or attempting to take their own lives, are evidential, other circumstances may not provide the obvious need for judicial intervention.
If you know there are children in danger, which are typically loved ones, including one’s own children who live with their other parent full time, grandchildren, or other close family members or children of close friends, you are going to need real proof to file for an emergency custody order in Fort Mill, Greenville & Rock Hill.
Evidence that may be presented to the court can include, but is not limited to:
- Police reports
- Photos and/or videos
- Text messages or voice mails
- Statements provided by the children
- Statements provided by third parties, including neighbors, school teachers, and visitors to the home
After hearing the applicable evidence, our 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 order is decided, a hearing date will be scheduled, which will allow the opposing party an opportunity to defend him or herself.
You must be prepared to testify and present evidence at your hearing, which typically occurs within two to four weeks of the emergency order.
At the David W. Martin Law Group, our emergency order attorneys in Fort Mill 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 Emergency Custody Order Lawyers in Fort Mill, Greenville & Rock Hill, SC. Consultation Today
Fort Mill, Greenville & Rock Hill 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.
If you have suspicions about the safety of your child or that of family members, or questions about how you can pursue an emergency custody order to ensure their safety, contact our family law attorneys in Fort Mill, 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.