Emergency Custody Order

What is it?

In order to initiate emergency custody proceedings you must show proof of one of the following:

  • An independent report from the police or DHS documenting the dangerous situation


  • A notarized affidavit from someone with personal knowledge of the dangerous situation

Once you have the above documentation, you must then show that the situation is likely to cause harm or irreparable damage to the child.

This can include things like:

  • Exposure to violence

  • Physical or emotional abuse

  • Consistently being dirty beyond what is normal

  • Untreated illnesses/infections/or parasites

  • Exposure to illegal drugs

  • Lack of appropriate supervision

  • Lack of food, shelter, appropriate clothing, or medical care

For further information regarding the legal statutes that govern this process you can look here.

How do I get one for my child?

If you are concerned that your child is suffering from abuse or neglect at the hand of your spouse or ex-spouse, then you should get in touch with us right away. It is important for the safety of your child that you acquire emergency custody through due process as soon as possible. If you simply decide to take the child away from the other parent, then you could risk being accused of violating the rights of the other parent. That is why it is so important to go through the approved legal process as it makes it much more difficult for the other parent to claim that you did anything inappropriate. It ensures that the child is safe and allows you time to communicate with your attorney so that you can make a plan that is best for your child.

Another important thing to keep in mind is that you know that your child is suffering form abuse or neglect and you do not take appropriate actions to remove them from the dangerous situation, then you could risk a DHS investigation or even criminal charges for failing to report the mistreatment of the child. As such, it is important to file for emergency custody both for your protection and your child’s protection.

What do I do if my spouse or ex-spouse files for emergency custody unjustly?

Sometimes people will use the judicial system to take advantage of or punish their spouse or ex-spouse and file for emergency custody without any substantial reason to do so. If this happens call us right away so that we can help you fight for your parental rights. We won’t let you get pushed around. If you feel that you have been filed against unjustly, and you want fierce representation, then we are here for you. An emergency custody order does not have to ruin your relationship with your children. We will do our research and refute the accusations made against you.


Whatever your circumstance, you deserve a loyal and trustworthy advocate. It is important that you sit down with your attorney and discuss thoroughly the options that you have and the things that really matter to you. We will help you figure things out. We are good at asking questions, and we are good at getting results. Call us today.

There are a lot of moving parts and it can be very difficult to navigate. This is where experience and compassion matter. Boeheim Freeman Law is committed to helping you through this process and providing you with the best legal representation and counsel. Why hire an attorney, when you can hire a team?

Call today for your free consultation at 918-884-7791