In need of Indian Land Emergency Child Custody Lawyers?
At the David W. Martin Law Group, our Indian Land family law attorneys know if you are searching for emergency child custody resources, you are worried about the safety of your children while they are with their other parent or guardian.
Unfortunately, these extraordinary situations are not uncommon in South Carolina.
Although they happen more often than you might think, emergency custody action requests must be supported by concrete facts that your children are in danger.
Our Lancaster County emergency custody attorneys will help you understand how to meet the legal threshold for protecting your at-risk children, so you know they are safe from harm as quickly as possible. We will listen to your every concern, never diminishing the importance of your children’s well-being, so together we can pursue the best outcome and get your kids to safety.
What Do I Need to Pursue an Emergency Custody Action in South Carolina?
In South Carolina, an Emergency Custody Action is a request for an order to remove minor children from a parent or guardian’s home to ensure their safety.
The South Carolina Family Courts have the power to grant an emergency hearing to address the issues for each case quickly, so the children are not left in danger during the time it takes to hold a standard hearing.
Our emergency custody lawyer in Indian Land will help prepare the necessary paperwork to intervene and ensure the safety of the children is the focal point of your emergency hearing.
Common reasons the South Carolina family courts will grant an emergency custody action include, but are not limited to:
- Abusive behavior.
- Criminal activity, arrests, or convictions.
- Excessive drug or alcohol use, or emergency records of overdoses.
- Inappropriate visitors in the home.
- Parental incapacity.
- Severe neglect of a child.
- Suicide attempt by the parent.
If negligent or abusive behavior is a major concern when your children visit their other parent or guardian, we want to know all the distressing details that can help us intervene and help get your kids to safety.
How Can I Prove I Need Emergency Custody Action in South Carolina?
Our Indian Land emergency custody order attorneys want to help our clients keep their kids safe. That requires understanding the facts of their case, so we can build a customized legal strategy that produces results. It is important to understand that a South Carolina family court judge is not going to remove your children from the other parent or guardian’s home based on your word.
The South Carolina Legislature requires concrete evidence that imminent harm may come to your children if the courts do not immediately intervene.
To pursue an emergency custody order, we must file a motion for emergency temporary relief through a supporting affidavit and additional evidence to successfully fulfill the court’s requirements, which may include:
- Photos and/or videos of dangerous conditions or circumstances.
- Police reports from law enforcement calls to the home.
- Statements provided by the children.
- Statements provided by third parties, including neighbors, teachers, and visitors to the home.
- Text messages or voice mails showing the children or parent in distress.
After hearing the applicable evidence, a South Carolina Family Court judge may issue a temporary order concerning the petition for emergency relief. Most emergency custody actions are ordered immediately, the same day as the initial request, allowing the order to go into effect right away.
Once the order is decided:
- A hearing date will be scheduled, which will allow the opposing party an opportunity to defend him or herself.
- You must be prepared to testify and present evidence at your hearing, which typically occurs within two to four weeks of the emergency order.
In cases where the evidence is clear — like the parent being arrested while the children are in his or her care, a suicide attempt, or other obvious dangers — we will take swift action to demand emergency custody action. After we have successfully ensured your kids are safe, we will also review the custody and visitation agreement or court order to ensure they are not placed in harm’s way going forward.
AT DAVID W. MARTIN LAW GROUP WE FOCUS ON THE FOLLOWING PRACTICE AREAS ALSO:
Contact Our Emergency Custody Order Attorneys in Indian Land, South Carolina
If you have suspicions about the safety of your child or that of family members in South Carolina, or questions about how you can pursue an emergency custody order to ensure their safety, contact our family law attorneys in Lancaster County today at the David W. Martin Law Group to discuss your concerns during a consultation by calling 803-548-2468.
We will answer each of your questions, and help you understand the legal threshold necessary to prevail when pursuing an emergency custody order in South Carolina, so you can achieve the best outcome for your unique circumstances. Call us today to learn more.
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