Legal Information: General

Custody

Can I get temporary emergency custody?

States may have different standards for when emergency custody is granted. Some courts will grant you emergency custody temporarily without notice to the other parent and without that parent present (“ex parte”). Judges may only do this in extreme situations. You may want to explain your situation to a custody lawyer for advice on whether you may be a good candidate for getting an emergency custody order. If you do get an ex parte order, these orders generally are only for a short period of time so there may be a hearing to decide a final custody order. In most cases, when you file for emergency custody, the other parent will receive notice and an opportunity to be heard.

Note: An “ex parte” order may not be enforceable in other states. We suggest checking with a lawyer if you are planning on traveling to another state.

To file for emergency custody, we suggest that you contact a lawyer. To find one in your area, please click the Places that Help tab at the top of this page.

WomensLaw serves and supports all survivors, no matter their sex or gender.