Though you may have heard about temporary custody in the past, both the situations and legal requirements that precede the granting of temporary custody can be incredibly different. As always, this information can be quite complex, which is why our Washoe County legal services team is here to help answer your questions regarding the topic.
But first, if you have an urgent matter that could require emergency temporary custody orders, or simply have a question you don’t see answered in this post, please contact us. Handelin Law has been a pioneer in Nevada legal services for years, and we promise you there’s no challenge we can’t handle.
What is Emergency Temporary Custody and Why Would I Need It?
As its official title suggests, emergency temporary custody orders are generally granted when a set of urgent circumstances surrounding a child’s care are suspected or proven. The person who petitions this order may believe one or more of the following situations:
A child is at threat of being kidnapped by their parent.
A child is being neglected by their parent.
A child is being abused in their home and/or by their parent.
A child no longer has parental supervision at home (this could be due to the death of a parent, their incarceration, etc.).
After reading this list, it should be clear to anyone that, when it comes to emergency temporary custody orders, time is of the essence. Delays, mistakes, drawbacks, and other roadblocks that hinder progress can keep a child stuck in a neglectful home, causing additional damage to them. That’s why it’s essential to have a Nevada legal services expert like Handelin Law at your side to ensure the process is as smooth and quick as possible.
So, you now know why someone might want to file for emergency temporary custody, but what exactly does it mean for them once it’s gone through?
Well, very similar to temporary guardianship, this grants the filer sole responsibility for making decisions on behalf of the dependent, which includes everything from medical care to living situations. However, this does eliminate the parental rights of the initial parent, which means they may not have any access to the child.
Who Can File for Emergency Temporary Custody?
Of course, not just anyone can file for emergency temporary custody, so you can rest easy knowing a stranger can’t attempt to gain legal control over your child. The people who can make a case to the court include:
- Another parent of the child.
- The grandparents of the child.
- Uncles, aunts, and cousins of the child.
- Siblings of the child (must be over 18 years old).
- Non-relatives of the child who have a close relationship with them.
Need to File for Emergency Temporary Custody?
It’s never an easy decision to come to, but emergency temporary custody ensures children across Nevada remain safe. If you or someone you know has a case, don’t hesitate to contact our Washoe County legal services experts for assistance