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Filing for an Emergency Custody Order in Texas: What You Need to Know

Jack Wall | December 5, 2024

Nothing is more important than your child’s safety. If you suspect abuse, abandonment, or some other form of harm to your child, an emergency custody order will help keep them safe.

What Is an Emergency Custody Order?

An emergency custody order is a temporary court order that grants custody to one parent when the other parent poses an immediate threat to the child’s safety. These orders exist because the danger may be too imminent to wait for a final custody order.

A court may grant an emergency custody order for the following reasons:

• Substance abuse;
• Neglect or abandonment;
• Mental health issues;
• Physical, sexual, or emotional abuse; or
• Threats of parental kidnapping.

How Do I Get Emergency Custody in Texas?

Obtaining an emergency custody order involves many steps:

1. File the Necessary Documents: One of the necessary documents is the affidavit. It should include facts that illustrate how the child is in danger. A petition for a temporary restraining order and a proposed order are also required.
2. Attend an Ex Parte Hearing: After filing the necessary documents, one must attend a hearing. This hearing is usually ex parte; in other words, only one party will be present at the hearing: the party requesting the emergency custody order. A judge will review the documents and decide whether enough evidence exists to issue an emergency order without hearing the other parent’s story.
3. Serve the Emergency Custody Order: If the judge grants the emergency custody order, it must be served on the other parent so he or she knows of its restrictions. A process server or law enforcement offer can accomplish service.
4. Attend a Full Emergency Custody Hearing: Within 14 days of the issuance of the emergency custody order, a full hearing must be held. Unlike the first hearing, both parents will be present. Each side will present evidence and argue their respective positions. The judge will either extend, modify, or dismiss the emergency custody order. If the judge extends or modifies it, the emergency custody order will remain in effect until a final custody decision is made.

What Happens After an Emergency Custody Order Is Granted?

The order is immediately enforceable by local law enforcement and, in certain situations, the Texas Department of Family and Protective Services. A parent can face criminal charges for failing to adhere to the order.

How Long Does It Take to Get Emergency Custody?

It varies. Some courts grant an emergency custody order on the same day the necessary documents are filed. Other courts take the time to do a more thorough review of the documents. Courts understand the urgent nature of these cases and try to move as quickly as possible.

How Long Does Emergency Custody Last?

14 days. Before this 14-day period ends, a full emergency custody hearing must be held to determine whether to extend, modify, or dismiss the order. Otherwise, it will automatically expire at the end of the 14 days. 

Contact a Goranson Bain Ausley Attorney Today

Obtaining an emergency custody order can be a daunting task. We are here to support you through this unpleasant time and ensure the safety of your children. Contact us today to schedule a consultation with one of our experienced attorneys.

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