Grounds For Emergency Custody In MD Montgomery Lawyer

If a child is believed to be in a harmful and unsafe environment, a parent or other related party could file for emergency custody. Unlike regular child custody, emergency child custody hearing takes less time as the child might be in a critical environment and his or her safety might be at risk. The emergency juvenile guardianship is a temporary order for the child to be in a safe environment, until the further court hearing and a permanent order is ruled by the court in the best interest of the child.

Anyone who has a close connection with the child is qualified to file for emergency juvenile guardianship. Including non custodial caretakers, step caretakers, aunts, uncles, grandparent, or any other related parties.

The jurisdiction of an emergency juvenile guardianship does not have to meet, unlike in the case of a normal juvenile guardianship case. As long as the party filing for the emergency juvenile guardianship presents to the court of Maryland proof that the minor is indeed in a dangerous environment, and that the child is in the state of Maryland during the time the petition is filed. The minor juvenile is not required to be a resident of the state of Maryland.

The grounds for emergency juvenile guardianship can be anything that negatively affects the kiddie’s well being and security. Some of these circumstance include the below mentioned acts:

  • The lack of the parent to provide suitable housing to allow the minor to sleep, get nutrients, study, and attend school consistently.
  • An unfavorable change in the environment of the juvenile, including the home of the minor. For instance, the unemployment of the custodial caretaker, a natural disaster, or home eviction.
  • If the custodial parent, the parent’s partner, or other related party residing under the same roof as the minor, has sexually or physically abused the minor.
  • If the custodial parent has been previously convicted of juvenile assault, regardless if he or she has abused or neglected the minor.
  • If the minor has been neglected or abandoned by the custodial parent, or has been threatened to be neglected or abandoned by the custodial caretaker.
  • If a parent is planning on relocating out of state without the permission of the other parent or the court of Maryland’s permission.
  • If the custodial parent is in an illegal business that may affect the best interest of the minor, or is a drug or alcohol abuser.
  • If the custodial parent refuses to provide medical care to the minor.
  • If the parent is forcing the minor to receive treatment for an illness that the minor does not posses.

If a party believes that the child is in a harmful circumstance, a petition for emergency juvenile guardianship can be filed with the clerk of the court of Maryland and a judge will decide if the child is indeed in danger and needs to be relocated. Thenceforth, a copy of the petition form is sent to the custodial parent, making him or her aware of what is happening with his or her child.

If you need a Maryland child guardianship lawyer to help you with your juvenile guardianship case in Maryland, call us at 888-437-7747. Our Maryland juvenile guardianship attorneys can help you. C

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