Emergency Custody Order VA Lawyer Fairfax How To File

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File For Emergency Custody in Virginia

Custody is defined as the guardianship of someone or something. An Emergency custody order is when someone or a place such as an agency asks for full custody of a juvenile because the minor child was abused by his/ her guardian by either of the following ways:

  • Sexual abuse;
  • Cruelty;
  • Physical injury; and
  • Neglect.

When a person asks for emergency care order, the person is usually the parent of the abused juvenile who did not get the care of the juvenile when he/she divorced his/ her former spouse.

In the state of Virginia, a person or an organization can file for an emergency custody order of a juvenile if certain conditions occurred. These include:

  • Abuse – the person who care for the child is abusing the child in certain ways. These ways may include:
    • Sexual abuse;
    • Abuse by threatening the juvenile to take illegal drugs;
    • An abuse that can cause the juvenile to die; and
    • Physical abuse.
  • A felony crime – the guardian of the juvenile has committed a crime that will lead to a serious punishment of imprisonment for a number of years and a huge fine to be paid.
  • Neglect – the guardian does not show any interest or attention towards the minor child he/ she has custody to. This can be shown in a number of ways. These may include:
  • The juvenile’s clothes;
  • The juvenile’s shelter;
  • The juvenile’s nutrition and physical health;
  • The juvenile’s mental health;
  • The guardian does not provide medical or dental attention; and
  • The juvenile is not taken to emergency facilities when needed.

How is an emergency supervision order filed in the state of Virginia?

    1. The person asking for the emergency supervision of a minor child must prove that the child lived in the state of Virginia for a minimum of six months before filing for the emergency supervision.
    2. The person asking for the supervision must show why he/ she has the right to custody instead of the one who has the custody of the minor child at the moment of the trial. This can be done in various ways which include proving the following:
      • The juvenile was a subject to child abuse by the current guardian;
      • The juvenile was subjected to bad influence by the current guardian; or
      • The juvenile was a subject to neglect by the current guardian.
    3. Provide the information needed by the UCCJ (Uniform Child Custody Jurisdiction) such as the child’s previous residential locations, the child’s guardian in each location and the cases the child was tangled in such as a divorce between the child’s parents.
    4. The person asking for the emergency custody order must ask the court to call for the child’s current guardian.
    5. The person who asked for the emergency custody order waits for the court to decide a date for a full hearing to judge the case.
    6. After a full hearing, the person asking for the emergency custody order will wait for a full investigation by an agency that was told by the court to investigate the case.
    7. After the investigation, the final decision will be made regarding the matter of which person take the custody of the minor child. It decides if the current guardian will remain as one or the person who asked for the emergency care order will become the guardian.

If you need a Virginia Emergency Child Custody lawyer to help you with your Child Custody case in Virginia, call us at 888-437-7747. Our Virginia Emergency Child Custody attorneys can help you.

Our lawyers will help you get emergency care order for your child in Fairfax, Virginia, emergency care order of your minor in Loudoun, Virginia, emergency care order of your minor in Prince William, Virginia, emergency care order of your minor in Arlington, Virginia, or emergency custody order in Alexandria, Virginia.