Emergency Child Custody

The Uniform Child Custody Jurisdiction and Enforcement Act details the process of determining the jurisdiction courts have in regards to child custody. The act goes on to clarify the proper court jurisdiction of a child custody case as the home state in which a child lives. The definition of home state is defined according to the act as the residence a child has had with a parent for the past six months. In the event a child has not remained in one state for six months, the court with the most significant connections will take over child-custody jurisdiction. However, in the event of an emergency child custody order, the state in which the endangered child resides will take over the protection of the child until a state claiming jurisdiction is located.

In emergency child custody situation, if a court cannot determine there was a prior child custody order issued previously then the present emergency court's mandates will remain effective until a proper determination of a child’s home state is established and a child-custody court case is opened there. If no home state is to be established, the state emergency court will suffice as the home state of the endangered child. Also in this scenario, the emergency order from the state also will be viewed as the end determination of the child-custody case.

Questions related to emergency child custody cases:

• Can I take my kids out of the state?
• If I take the kids out of state without the consent of the other parent, can I be charged with kidnapping?
• If there is a custody order in place, can I take my kids out of the state?
• If there is some court action involving my children, can I take them out of the state?
• I am afraid the other parent will take our children out of the state. What can I do?

It is a very tough situation when your child is endangered by one or both parents. In these cases, the best interest of the child needs to come first. You do have rights. If you feel that your child is endangered in any way, you should seek legal help immediately.

Are you seeking emergency child custody? If so, contact one of our child custody attorneys in your area today!