Are you preparing to deal with an emergency child support order? If so, there are some things to take note of, first.
To start: What is an emergency custody hearing? In an emergency custody hearing, a judge hears preliminary evidence and addresses emergency situations only. State laws so vary in this instance, with regards to circumstances under which an emergency hearing or order may occur. Here is how the proceedings will go:
- First thing’s first: Evidence! At the hearing, the judge will hear only evidence pertaining to the emergency. Child support, division of property and other matters are reserved for trial.
- Judge’s Order. The judge presiding over the hearing will issue a temporary order, and these orders typically last for just a limited period of time. Potential evidence that could be presented includes: medical records, various statements from witnesses, statements made by parents or children and/or potential reports from child protective services.
- Subsequent Trial. In most states, the temporary order itself is not used as evidence at trial. Instead, any evidence of abuse must be resubmitted. The parent accused of creating a dangerous situation can also present evidence that the problem has been resolved. For example, a drug-addicted parent may present evidence that she has attended a drug treatment program. All states use the best interests of the child as the primary factor in determining final custody arrangements, and most states have a presumption that custody by an abusive or incompetent parent is not in the child’s best interest.
Contact Luce Law Today
Do you have questions about what to look for in an emergency child support order? Would you like expert legal assistance in this area? If so, please feel free to contact Luce Law at (972) 346-5170 with your questions or concerns. We’re always happy to offer our help or answer your questions.
Also published on Medium.