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If you believe your child is in immediate danger while in the care of the other parent, you can protect them by petitioning the court for emergency custody. Such situations may include a parent with substance abuse issues or who is potentially physically abusive. At Hedman Family Law, our experienced family law attorneys can provide the counsel and assistance you need in following the legal procedures needed to establish an emergency custody.
We are well-versed in the applicable laws and can present such a motion to the court as well as ensure that the documentation and supporting evidence meets the required standards of proof. This is a technical area that requires the skills of an experienced family lawyer.
Obtaining Emergency Custody in Oregon
In order to obtain this type of custody, you must be present in court and present your affidavit that the child is in immediate danger. You must have already made a good faith effort to confer with the other parent about the purpose and scheduled time of this court appearance. The evidence presented must be clear and convincing based on the facts presented in your evidence. The standard of proof is very high in this type of case.
Courts will vary as to what they consider to be “immediate danger.” Each petition for emergency custody is decided on a case-by-case basis.
Generally, courts will protect children in cases where a parent:
- Has a severe problem with alcohol or drugs, such as driving with a child in the car while under the influence
- Is physically or sexually abusive
- Was convicted of a crime with prison term penalties
- Suffers a mental or emotional breakdown that requires medical attention
Protecting Your Right to Custody
If you are a parent who believes that custody or parenting time will be wrongfully taken from you through an emergency custody order, you can file a request for a hearing to dispute the order. There you will be able to present evidence in your favor to show that the child was not in immediate danger at the time the custody order was made.
Talk to Our Gresham Emergency Custody Lawyers
Whether you are seeking such an order or disputing it, you will need an experienced attorney to help you reach a positive outcome. Emergency custody orders can have a significant impact on determining child custody in ongoing divorce cases. Ensure that your case is handled properly to preserve your legal rights.
Protect your child and your legal rights by contacting us at (503) 506-7887.
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