At the David W. Martin Law Group, our Fort Mill emergency custody lawyers know that children require care and protection to ensure they are safe from harm. When they live in an unsafe environment, where a parent or guardian is exposing them to imminent dangers that place their welfare in jeopardy, someone must step in.
We can help. Our experienced York County emergency custody attorneys can help you pursue an immediate court order that ensures the children are removed from dangerous circumstances and placed safely in a new South Carolina home.
Contact our emergency custody lawyers in Fort Mill today to discuss your concerns and learn how we can help.
What Does Emergency Custody Mean in South Carolina?
An Emergency Custody Action in South Carolina is a request for a court order to remove minor children from a dangerous home to ensure their safety.
Our Fort Mill family law attorneys represent clients at emergency court hearings to take swift action when children are in danger, so they can be removed quickly — instead of waiting days or even weeks for a standard family law hearing to take place.
Why Would Someone Request an Emergency Custody Hearing in South Carolina?
When children are forced to live in an environment where one or both parents, or their guardian(s) are not providing the food, shelter, or clothing they require to flourish, or are exposing them to unsafe conditions, the sooner they can be removed from the premises, the better.
Our skilled emergency custody lawyers in Fort Mill have extensive experience preparing the necessary paperwork to intervene and ensure their safety is the priority.
At-home dangers that rise to the level of emergency custody actions may include, but are not limited to the parent/guardian:
- Severe neglect of a child.
- Excessive drug or alcohol use or overdoses.
- Abusive behavior toward a child, or other domestic abuse concerns.
- Exposure to criminal activity, arrests, or individuals visiting the home who have convictions related to child abuse or criminal sexual conduct against minors.
- Parental incapacity, including any suicide attempts.
This list is not exhaustive, as each child’s unsafe conditions can arise from any type of negligent or abusive behavior that keeps them from living a full life. If you are concerned about the welfare of a minor relative or child with whom you have a close relationship, contact our dedicated emergency custody attorneys in Fort Mill today.
What Type of Physical Proof Do I Need to Pursue an Emergency Custody Order in South Carolina?
Before a minor child or children can be removed from their home, our skilled emergency custody attorneys in Fort Mill must prove that dangerous circumstances exist.
This requires real, physical proof.
To pursue an emergency custody order, we must file a motion for emergency temporary relief, a supporting affidavit, and additional documents to successfully fulfill the court’s requirements.
That may include:
- An imminent and substantial danger to the child’s life, health, or physical safety exists.
- Parents/guardians/others exercising temporary/permanent control over the child are unavailable.
Next, we will present:
- Additional affidavits or police reports supporting dangerous conditions exist within the home.
- Photos and/or videos of dangerous conditions or circumstances in the home.
- Text messages or voice mails that support how the children’s safety is in jeopardy.
- Statements provided by the children.
- Statements provided by third parties, including neighbors, teachers, and visitors to the home.
- Sworn financial declarations stating the proposed party can support the children.
- Proposed parenting plans from relatives or close friends who are willing to take control of the children.
Our complete submission will allow a judge to warrant an emergency or expedited hearing, based on the evidence provided in our request.
Most emergency custody actions are ordered immediately, the same day as the initial request, allowing the order to go into effect immediately.
Once the order is decided, a hearing date will be scheduled, which will allow the opposing party an opportunity to defend him or herself.
At David W. Martin Law Group We Focus on the Following Practice Areas Also:
Contact Our Experienced Emergency Custody Lawyers in Fort Mill, South Carolina to Schedule a Consultation Today
At the David W. Martin Law Group, our emergency order attorneys in Fort Mill can help you build your case to effectively pursue both an emergency order and prepare for the hearing that may allow you to take possession of the children by calling (803) 548-2468 today.
