Parents going through challenging and destabilizing circumstances, such as moving through a contentious divorce or losing a stable job, can find it difficult to focus their attention on their children. Even though you may be overwhelmed and stressed out during this tumultuous time, your love for your children remains strong—as does your drive to keep them safe. For the most part, separating parents are able to establish a parenting plan (either through collaborative negotiations or with the guidance of the court) that protects the best interests of the child and ensures that both parents are able to spend meaningful time with their child once the divorce is finalized. Minor disagreements about the details of parenting plans are common, especially in the early months of adjusting to the new reality of living separately. However, there are times when a family emergency may endanger the safety of the child. If a parent is struggling with substance abuse or is otherwise failing to care for the child and keep them safe, the other parent or a concerned third party may petition the Washington court to issue an emergency custody order that grants the petitioner temporary custody of the child.
Emergency child custody proceedings can be emotionally fraught and stressful for the parties involved, which is why it’s highly recommended that you enlist the guidance and support of an experienced and caring Seattle child custody lawyer who can answer your questions and address your concerns as they arise. With a dedicated legal advocate by your side, you can trust that your child’s best interests and safety will remain at the forefront of every decision that is made. This post will explore how emergency custody in Washington state typically works and the steps you can expect to navigate as you move through the legal process.
Grounds For Emergency Custody Petitions and Relief in Washington State
The courts in Washington state place the safety of children at the center of the decision-making process. If there are factors that endanger the safety of the child or put them at risk of harm, a concerned party can file a Motion for Immediate Order with the court to address the matter as soon as possible. According to RCW 26.27.231, “A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with abuse.” There are several factors and scenarios that may warrant an urgent custody hearing in the greater Seattle area, a few of which are listed below.
Child Abuse or Neglect
If there are signs that a parent with custody of the child is abusing or neglecting the child, the other parent or a concerned third party can seek an emergency custody order to protect the child from further harm. Suspected child abuse or neglect should be reported in a timely manner so that the court can take swift action in defense of the child’s safety.
Unsafe Living Environment
When the court grants custodial rights to parents, the judge expects that they are able to provide safe and appropriate living conditions and home environments for the child. If there are concerns about the safety of the living environment (i.e., are there dangers like improperly stored firearms, drugs, or other harmful materials strewn about), an emergency custody petition may be filed to keep the child safe.
Abduction or Flight Risk
If a parent is planning to relocate with the child without seeking the consent of the other parent and the court, the other parent may file an emergency custody petition to prevent them from violating the terms of the parenting plan and absconding with the child.
How to File a Temporary Custody Order in Washington State
As soon as you have reason to believe that your child is in danger when under the care of the other parent, it’s essential to share these concerns with a trusted and experienced Seattle family law attorney. Together, you can evaluate your options and determine the best course of action that prioritizes your child’s best interests. Should you find that seeking emergency custody is warranted, the following steps can help you take action and keep your child out of harm’s way.
File a Motion for Immediate Order
Your knowledgeable and caring Seattle child custody lawyer can help you locate, complete, and file a Motion for Immediate Order with the Superior Court of Washington. This petition asks you to provide key information about the child or children you want protected, the party you are seeking protection from, and the reasons for filing the petition. Completing this form can be an emotional experience, so relying on the support of a trusted and compassionate attorney can help to ensure that each section is completed accurately and thoroughly to maximize your chances of success.
Compile and Present Supporting Evidence
The court will review your motion and the supporting evidence you include in order to determine whether to grant or deny your petition. It’s essential that you work with your attorney to gather and provide clear and compelling evidence to substantiate your claim for seeking an emergency custody order. For instance, you can include medical records that document physical injuries, photographs of injuries or unsafe living environments, copies of police reports, witness statements, and any other documents that support your claim.
Have the Documents Served on the Other Party
Once you have completed the motion and filed it with the court, you need to have these documents served to the other parent. Your skilled Seattle family law attorney will help you handle this process so that the other party (known as the respondent) is aware of the date and time of the upcoming emergency custody hearing.
Prepare For and Attend the Urgent Custody Hearing
Your highly qualified Seattle child custody lawyer knows how to prepare you for the upcoming emergency custody hearing so that you can move through this experience with better understanding and confidence. During the hearing, you will be able to present your case, as well as any additional information, evidence, or testimony. The judge may ask you questions, so it’s worth working with your attorney to think through your responses.
Temporary Orders and Next Steps
When the court grants an emergency child custody petition in Washington state, it’s worth noting that this order is temporary in nature. The order will remain in effect until a formal custody hearing can be scheduled. During this hearing, the parents will have the opportunity to present their cases and the judge will assess a wide range of factors, including the severity of the original allegations, the evidence provided in support of the claims, and the child’s best interests. From there, the judge will determine whether the temporary emergency order should be modified, extended, or replaced altogether with a permanent custody order. As overwhelming and daunting as this time may feel, it’s important to recognize that you will have several opportunities to voice your concerns and present your case before any decision is made. With a trusted and caring Seattle family law attorney by your side, you can navigate this difficult time with the support you deserve.
Understanding the Role of Child Protective Services and Law Enforcement
Emergency custody petitions involve several parties that extend beyond the party seeking the temporary order and the respondent. Law enforcement can play critical roles in these cases, especially if they are called to a residence where child abuse or neglect has occurred. For instance, an officer may respond to a call about a domestic dispute or other disturbance and find that a child is residing in an unsafe living environment (i.e, drugs on the coffee table, a verbally and physically abusive parent, etc.) and include this information in the police report. Additionally, law enforcement carries out emergency pick-up orders issued by the court in cases involving emergency custody petitions. In Washington state, the Department of Children, Youth, and Families (DCYF) investigates claims of child abuse and neglect to determine whether the child needs to be removed from an unsafe environment. These professionals can provide valuable information and testimony that can inform the court’s decision as to whether to grant an emergency custody petition. No matter what the specific circumstances of your situation may be, you can rely on the personalized legal guidance of the Hemmat Law Group, Seattle’s go-to family law firm.
Get Started With a Caring Seattle Family Law Attorney Today
Any dispute that affects your loved ones can be overwhelming and challenging to navigate. That’s why the dedicated and caring team of family law attorneys at the Hemmat Law Group is committed to serving every client with the attention, respect, and compassion they deserve during this stressful time. If you are struggling with a child custody dispute or other family law matter, please reach out to our Seattle, Washington office today by calling (206) 682-5200. Together, we will work to identify the most strategic path forward that helps you secure a fair and favorable outcome.