A Simple Guide For Maryland Cases
What Needs to be Filed to Win Emergency Custody?
In every jurisdiction in Maryland, you must file a Request for Emergency Relief. This document is a formal pleading filed with the Court. The contents of the request are critical as in some jurisdictions, Judges will simply rule on your request based upon what you wrote down in your petition. This means your first initial document must be clear, concise, and persuasive!
How Do I Convince the Court to Grant me Emergency Custody?
You must prove to a Judge or Magistrate that the child is in “imminent risk of substantial and immediate harm”. If this sounds vague, it is. Every case requires an individual look to determine whether it meets this standard. Here are several examples of the many emergency cases we have handled, where a Court has found that “imminent risk” is present:
- A parent uses extreme methods to discipline a child
- A parent abuses drugs thereby placing the child in danger
- A parent threatens to take a child out of state or out of country
- A parent allows their kids to be exposed to dangerous living conditions
- A parent causes severe mental abuse to a child
This is not an exhaustive list, but just some of the hundreds of examples that we have handled.
What Evidence do I Need to Win Emergency Custody?
- Police Reports
- Medical Reports
What Happens During an Emergency Custody Hearing?
These hearings are often brief and require significant preparations to make sure the Court clearly understands the nature of the issue and all necessary evidence is presented. The person seeking the emergency custody order must be prepared to testify.
What Happens When I Win my Emergency Custody Hearing?
Often, the emergency custody hearings occur very early on in a custody dispute. A positive result can be a critical point because it likely allows you to have custody of the minor child throughout the duration of the dispute. This outcome serves two significant purposes, first, the child would be protected from the emergency. This is obviously paramount. Second, if granted custody, this provides you with an excellent opportunity to prove to the Court that you are the most fit and proper person to maintain custody over the long haul.
If you are considering filing for emergency custody for a loved one, please contact us to speak to any of our experienced family lawyers. We are available to handle your custody matter immediately.