Emergency Child Custody Orders Attorneys In Charleston, West Virginia

If a child’s safety is in immediate danger, immediate legal steps should be taken to intervene. At Lyne Ranson Law Offices, PLLC, in Charleston, West Virginia, our attorneys are deeply aware that preventing your child from harm is of the utmost importance.

What Is An Emergency Custody Order?

An emergency custody order (also called an emergency order or immediate order) is an emergency legal action that you take in family court that ensures immediate safety and relief when there are allegations that a child is at risk of substantial injury.

The standard family court process is often lengthy. By its definition, an emergency order is obtained on an expedited basis by the presiding judicial official to remove a child from a dangerous environment, pending a fuller process to either send them to a fit parent or place them into temporary foster care.

When Is An Emergency Intervention Necessary?

Filing for an emergency modification of custody is not something to undertake impulsively or over minor co-parenting disagreements. These measures are serious legal actions that should only be taken in emergencies where a child would face undue harm if they had to wait for a regular hearing date.

Our experienced child custody and support attorneys will vigorously advocate on your behalf, gathering the necessary evidence to prepare a thorough legal filing that justifies immediate court action to protect your child.

It is rare for courts to change established custody orders without strong and credible reasons. However, some situations do warrant an emergency court intervention, including:

• Abuse: Physical, emotional and/or sexual abuse of a child, supported by physical evidence or corroborated by an eyewitness. There could be a claim or fear of injury. The parent(s) or other caregiver, such as a housekeeper or other live-in person, would be the alleged perpetrators.
• Neglect: Is the absolute and persistent lack of necessary care that is needed in a child’s life – in particular, adequate provision of food, protection, shelter or medical care – directly resulting in physical harm to the child.
• Abandonment: Abandonment occurs when a parent leaves their child without notice or adequate care, consideration or provision for an unreasonable amount of time.
• Immediate danger: The child’s safety is being directly threatened by imminent causes that require intervention such as untreated severe substance abuse or domestic violence occurring in the home near the child.

Although the difference may appear straightforward at first, routine custody orders and fast orders actually vary in several significant ways. For one, routine custody orders usually do not involve a fast process. Instead, they require an extensive investigatory process that includes discovery and mediation. Ultimately, a full hearing takes place in which both parents present their cases to a judge.

An emergency order is typically one-sided and issued swiftly to address an immediate temporary need. A court order issued in an emergency is temporary, and a full hearing is scheduled shortly thereafter – typically within 10 to 20 days, depending on the statutory mechanism used – to allow the other parent to respond.

Get In Touch With Our Charleston Family Law Firm Today

If you believe your child is currently in danger, do not hesitate to seek legal protection. At Lyne Ranson Law Offices, PLLC, we are prepared to act swiftly on your family’s behalf. With nearly 38 years of combined experience in family law in West Virginia, we have successfully represented individuals like you. Please call our office at 304-932-0591 or use the online form to ensure your family receives the effective legal and emotional support you need during this critical time.