How To File For Emergency Custody In MD Montgomery Lawyer

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A parent or a related part can file for an emergency petition for child custody in Maryland if the child’s well being and security is in jeopardy. Unlike the procedure of normal custody, emergency custody hearings can happen faster, between a time span of days to just hours. This is due to the child’s life being in danger and courts of the state of Maryland always rule in the best interest of the child.

An emergency custody order is supposed to remove the child from the harmful and damaging environment and place him or her in a safer one to prevent further child abuse or neglect. The emergency child custody order is temporary, to provide a secure environment until a child custody petition is filed and a permanent child custody order is obtained.

There are several steps that a person must go through when filing for a petition for emergency custody in the state of Maryland.

Some of those steps are mentioned below:

  1. Obtain a form for emergency custody from the clerk of the court in Maryland and fill the form with the information that is required.
  2. Specify the danger and harmful conditions that the child is currently in, for instance, if the child is being sexually or physically abused by his or her custodial parent, or if the child is residing with a custodial parent whom is involved in illegal business and thus endangering the child.
  3. Provide the court with any witnesses that verify your allegation, so that a court order for emergency custody is obtained.
  4. State in the form that “unless an emergency custody order is issued, the child’s life will be at risk”
  5. Sign the petition form of the emergency custody with the presence of a lawyer. The hired lawyer is required to take an oath that confirms the claims that were specified in the form by the party applying for emergency custody are correct to his or her knowledge and awareness.
  6. File the form filed with the court of the state of Maryland and send a copy of the form to the custodial parent and non-custodial parent. The aim of the sent copy of the form is for the parents of the child to be aware of what is going on with the child’s life.
  7. Find out who the judge that is handling your petition the day that you arrive in the courthouse.
  8. Go to the judge that is responsible of your motion and present to him or her, your copy of the motion.
  9. Display your emergency custody case to the judge. If the judge believes that the child is indeed in a danger circumstance, an issue will be ordered and will grant you temporary emergency custody of the child, and instruct law enforcement to retrieve your child from the harmful environment. The judge will also schedule a custody hearing on the issue within a couple of days during the meeting.

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

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