Emergency Custody Orders: When and How to File in Texas

When a child’s safety or well-being is at risk, every second counts. In Texas, parents and guardians have the right to act quickly by requesting an emergency custody order, a legal tool designed to protect children from immediate danger or harm. Whether the threat involves abuse, neglect, or the fear that a parent might flee the state with the child, the courts can issue a temporary order to ensure the child’s safety while a more permanent solution is determined.

What is an Emergency Custody Order?

An emergency custody order in Texas is a temporary court order granted when a child is facing immediate danger, and waiting for the usual custody process may put the child at risk.
This is not your usual custody modification; it’s a fast action tool to protect a child’s safety or well-being while the longer legal process plays out.

It may also be referred to as an emergency temporary order, or include elements of a temporary restraining order (TRO) or injunction.

When Can You File One?

You may consider filing for an emergency custody order when one of these urgent scenarios applies:

• A child is being physically, emotionally, or sexually abused, or is at serious risk of such harm.
• A parent or caregiver has given up care, left the child unsupervised for long periods, or otherwise neglected necessities (food, shelter, medical care).
• A parent is abusing drugs or alcohol and the child’s safety is compromised.
• There’s a credible threat that a parent intends to remove the child from Texas (or jurisdiction) in an attempt to avoid court oversight.
• The situation is so urgent that waiting for a normal hearing could result in irreparable harm to the child.

In short, if you believe you cannot wait and the child needs immediate protection, an emergency custody order may be appropriate.

How to File for an Emergency Custody Order – Step by Step

Here is how the process typically works in Texas. (Note: This is general guidance and does not replace legal advice. Mokolo Law Firm can guide you through the exact steps for your county.)

1. Confirm the Urgency and Gather Evidence

Before filing, you’ll want to ensure that the facts support immediate action. Collect:

• Police reports, medical records, CPS (Child Protective Services) investigations if applicable.
• Statements or affidavits from witnesses (teachers, neighbours, family) who can attest to the danger.
• Any messages, emails or other communications that show risk (threats, intent to flee, etc.).
  The stronger and clearer the evidence, the better the chance a court will issue a remedy.

2. Prepare the Petition and Supporting Documents

You’ll file with the family court (in the county where the child lives) a set of documents such as:

• A Petition for Emergency Custody (or equivalent form, depending on your county).
• A Sworn Affidavit detailing the specific facts and why waiting would harm the child.
• A Proposed Order setting out what you’re asking the court to do (e.g., award temporary conservatorship to you, restrict the other parent’s access, etc.).

3. File the Documents with the Court

Once the paperwork is ready, you file it with the appropriate court. If there is an existing custody case, you usually file in that same court.

4. Attend the Ex Parte Hearing

Because of the urgency, the court may hold an ex parte hearing (meaning only you, the requesting party, appear). The judge reviews your affidavit and supporting documents and may issue the emergency order without immediate participation from the other parent.

5. Service of the Order

If the court grants the emergency custody order, it must be properly served on the other parent (or party). A process server or law enforcement officer may be used. Lack of proper service may cause problems later.

6. Full Hearing with Both Parties

After the emergency order is issued, the court schedules a full hearing where both parents present evidence. In Texas, the follow-up hearing typically must happen within 14 days of the emergency order.

At that hearing, the judge will decide whether to extend the emergency order, modify it, or dismiss it. The temporary order does not guarantee long-term custody; it’s a stopgap for safety.

Key Legal Points You Should Know

• The legal basis: Under the Texas Family Code (particularly §§ 105.001 and following), courts can issue temporary orders for the safety and welfare of a child.
• Duration: The emergency custody order is temporary. Often, if no hearing is held within 14 days, the order may expire.
• Enforcement: Once the order is in effect, it is enforceable by law enforcement. Violating it can lead to contempt of court.
• Parental rights: These orders can significantly impact a parent’s rights, access, visitation, or custodial time may be restricted. Courts are cautious about issuing them because they affect rights.
• Proof burden: You must show that waiting would cause immediate and irreparable harm. The court won’t grant an emergency order for run-of-the-mill custody disputes without a strong showing of risk.

Why Choosing Mokolo Law Firm Matters

• Experience in urgent family law matters: At Mokolo Law Firm we understand the urgency behind emergency custody and how to move quickly and efficiently.
• Personalised support: These situations are deeply emotional. We ensure you’re not just a case number; we listen to your story, gather evidence, and act with sensitivity.
• Legal strategy and clarity: We will walk you through the process step-by-step, prepare the right paperwork, and anticipate possible challenges so you’re ready for the hearing.
• Protecting your child’s best interests: Our focus is on the safety and welfare of your child, while also preserving your rights and legal standing for the long term.

FAQs and Answers

Q: Can a grandparent or non-parent file for emergency custody?
Yes, if the child is in immediate danger and the petitioner can show why the usual parent cannot fulfil their custodial role. The same urgency standard applies.

Q: Does the other parent have to be notified before the emergency order?
Not always. In true emergencies, the court may issue an order without prior notice (ex parte) to prevent immediate harm.

Q: How long does the order last?
Typically, until the full hearing (within -14 days). After that hearing the court may extend, modify, or end the order.

Q: Can we skip going to court if the other parent agrees?
If both parents agree and the court approves, you might proceed by a negotiated temporary order. But if emergency protection is needed, the fast-filing process as described above is appropriate.

Final Thoughts on Emergency Custody Orders: When and How to File in Texas

If you believe your child is in imminent danger, whether from abuse, neglect, substance use, threats of removal from the state, or other urgent circumstances, do not wait. Filing for an emergency custody order with the right legal support can secure immediate protection and set the stage for a more stable custody outcome.

At Mokolo Law Firm, we stand ready to help you act swiftly, gather strong evidence, and present your case clearly so that your child’s safety comes first while preserving your parental rights.

If you’d like to schedule a consultation or want us to review your circumstances, reach out to us today. Your child’s well-being cannot wait.