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What are grounds for emergency custody in Missouri?

What are grounds for emergency custody in Missouri?The grounds for requesting emergency temporary custody are many and depend on a parent being able to establish that there are compelling reasons which necessitate an urgent change. Here are examples:

  • claims of sexual or physical assault.
  • threats of the same.
  • leaving the children behind.
  • a certain amount of custody is granted to a known sex offender.
  • claims of drug and alcohol addiction that endanger the children.

A petition for emergency temporary custody is meant to safeguard children who are presently experiencing, or could soon be experiencing, grievous harm or child abandonment. An experienced family law attorney can provide invaluable insight to this matter. 

An emergency protection order can be requested by a parent to shield their kid from imminent risk or abuse. A parent may get a protection order for the sake of a child who has been abused or assaulted as provided by the Missouri Child Protection Orders Act. The respondent in a child custody case may be the other parent or other members of the family, such as a spouse or sibling.

On behalf of a child, a parent, guardian, juvenile officer, guardian ad litem, or court-appointed advocate might request a protective order. The respondent is often a member of the home or a member of the family who is accused of engaging in domestic abuse, stalking, or sexual assault.

Missouri’s Laws for Obtaining Temporary Custody of Children

There are various laws in Missouri about obtaining temporary custody of children. A parent may be granted interim custody of a child while a divorce is pending under several of these rules. There are additional Missouri statutes that provide for emergency temporary custody of a child. A Missouri court must issue an order in both of these typical instances of temporary child custody law.

Emergency Temporary Protective Custody

Laws in Missouri include conditions where a minor needs immediate temporary protective custody. When it is determined that a child has been subject to abuse or neglect, temporary protective custody is granted. Usually, a member of police enforcement or another government official takes the youngster away from the house in an emergency.

If required, a medical facility or foster care is given temporary possession of the kid. The youngster can be put in the household of another family member if one is available.

Most of the time, temporary emergency custody placements take place without an urgent court order. However, without a court hearing and assessment of the circumstances, this placement cannot last more than 24 hours. For this sort of interim custody to be extended, the court must pass a specific order.

Full Protection Order (Ex Parte)

When a court issues a protection order for a child, it often does so ex parte, which means that neither party has an opportunity to reply to the claims. Ex parte orders that haven’t had a hearing or a continuance will expire after 15 days. The respondent typically receives notice and an opportunity to be heard before a complete order is issued.

What qualifies for emergency custody in Missouri?

A father can — and should — petition the court to award him emergency temporary custody of the young child in numerous custody processes, whether they are by divorce, custody modification, or merely establishing initial custody and parentage.

This can be done by proving that the child in question might be taken out of the court’s jurisdiction (typically by the mother threatening to move the child out of the state and never return) or that there is concern for the child’s safety if the mother continues to care for him or her (such as the mother lately incurring a DUI with the minor inside the vehicle and a history of heavy drinking around the child).

When a petition for emergency custody is submitted, it must provide highly specific instances of abuse or threats of such abuse. There are various ways to do this, including but not limited to:

  • Police reports and/or the other parent’s arrest history.
  • Records of the other parent’s applicable previous convictions.
  • Results of previous protective order procedures.
  • Documents from Child Protection Services organizations.
  • Health and/or or dental records.
  • Records of the children’s assessments by child psychologists.

It’s crucial to back up your claims with factual data. False accusations damage everyone, especially the young ones. If you don’t back up your claims with substantial, objective proof, the court won’t be able to decide that an emergency custody change is necessary.

Your children’s security is of vital concern. It is imperative that you take steps to remove them from that situation if the custodial parent is placing them at risk. If you have any real worries regarding the wellbeing of your children, don’t wait to call a lawyer.

Contact a Missouri family law attorney today

Consult with an experienced Missouri child custody attorney if you have any issues regarding emergency custody orders or protecting yourself against allegations of abuse. Your attorney can provide you advice on the best course of action to take in order to uphold your rights and support your family.

Contact Shea Kohl Law, LC by calling (636) 946-9999.

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Shea Kohl Law, LC serves clients in Missouri including St. Charles, Troy and Lincoln and throughout Warren and St. Louis counties. We also serve clients in Illinois.