Nothing is scarier than feeling like your child is in danger with your ex. Perhaps your co-parenting ex has started drinking again. Perhaps your co-parenting ex has made threats to take the child to an unknown location far away. Perhaps your ex is leaving the child unattended or otherwise neglected. Either way, if you need emergency custody in Maryland, you are in the right place. The emergency order can be granted quicker than you might think. Here is the information you need to file for that order.
If you believe that you or your child are in immediate danger of abuse from your ex-spouse or partner, it is crucial to know your rights and take action to protect yourself and your child. In Maryland, you have the option to file for an emergency custody hearing to ensure the safety and well-being of your child.
An emergency custody hearing is a legal process that allows you to request a temporary change in child custody based on the immediate danger your child may be facing. This can include cases where your ex-spouse or partner has a history of domestic violence, substance abuse issues, or neglectful behavior towards the child.
Before filing for an emergency custody hearing, it is advisable to seek the guidance of an experienced family law attorney. They can help you navigate the legal system and ensure that your case is presented effectively to the court. A knowledgeable attorney will be familiar with the specific laws and procedures regarding emergency custody in Maryland, giving you the best chance of obtaining a favorable outcome.
It is important to note that in emergency custody cases, time is of the essence. The court will prioritize the safety of the child and act swiftly to address the immediate danger. If you believe your child is in immediate danger, do not delay in seeking legal assistance.
Traditional Maryland child custody hearings can require you to wait for weeks before seeing a judge. Emergency custody hearings get you in front of the judge in a matter of days, generally speaking. Sometimes you can even see the judge within a few hours. The more dangerous the court feels that the situation is for the child, the sooner a judge is put on your case. Please note that your child must be present in Maryland at the time of the emergency custody hearing in order for the MD court to have jurisdiction.
When it comes to filing for emergency custody in Maryland, it is important to understand what constitutes an emergency situation. The court will only grant emergency custody if there is a genuine and immediate threat to the child’s safety or well-being. Examples of emergency situations may include cases of physical or sexual abuse, neglect, substance abuse by a parent, or situations where the child’s immediate health is at risk.
If an existing child custody agreement is not being followed, just that in and of itself can be enough to merit an emergency child custody hearing or order. You can even seek an emergency custody order (or “ex parte” custody order) if it seems reasonable to believe the existing custody order will be violated in the near future. For example, if your co-parent is not supposed to leave the state with your child but the child told you that “dad/mom is taking him on a cross-country flight this weekend”, you have grounds, based on this information, to seek an emergency custody order in MD.
Likewise, you might seek an emergency custody order under these additional situations:
To start an ex parte custody hearing in MD, your lawyer will file a petition with the court stating the nature of the emergency. Your lawyer will communicate that an urgent hearing is needed because your child is in immediate danger. This petition will not go into the details of your divorce settlement or child support arrangement—just the facts, ma’am.
Sometimes a hearing with the co-parent might be scheduled on short notice. If so, you can expect that hearing to take place within a few business days. These hearings are usually informal and short, and they are rarely held in open court (expect to meet in the judge’s chambers). Because it’s not a formal hearing, there won’t be witnesses, evidence, cross-examination, etc. The judge will ask a few questions, and you may or may not even say anything. Again, the point of this emergency order and hearing is timeliness. Thoroughness will be dealt with as a secondary priority.
In your emergency custody petition, you need to give as many specifics as you can to document the motivation for urgent action from the Maryland court. Please note that you can only request an emergency custody order if you already have a custody case on file with the state (In other words, if you are married, have a fight with your spouse, and want to take your kid away, a judge can not grant you emergency custody under these type of proceedings because you have no custody documentation in the system at this point).
Nevertheless, these types of things are what a judge will look for in order to grant you an emergency child custody order:
The importance of having the right documentation can not be understated. Without the necessary proof, a judge may not grant your emergency custody order.
During a divorce procedure, a judge will likely issue a temporary custody order for the duration of the divorce. This is called a “pendente lite” temporary custody order. Pendente Lite means “pending litigation.” Pendente Lite custody orders are rarely if ever, issued in emergency situations.
When it comes to emergency custody cases in Maryland, having a skilled and experienced attorney by your side can make all the difference. That’s where the Law Office of Patrick Crawford comes in. With our extensive knowledge of Maryland family law and a track record of success, we are your trusted option for facing emergency custody proceedings.
As your legal advocate, Patrick Crawford understands the urgency and emotional turmoil that emergency custody cases often involve. That’s why he and his team take a compassionate and client-centered approach to every case. We prioritize open communication, ensuring that you remain informed and involved at every step of the process.
With our extensive experience, Patrick Crawford and our firm can help you understand the grounds for filing an emergency custody petition in Maryland. We will guide you through the legal requirements, helping you gather the necessary evidence and present a strong case to the court. Whether you are seeking emergency custody due to neglect, abuse, or other urgent circumstances, we have the knowledge and skills to fight for your rights and the well-being of your child.
If your child’s safety is on the line, you can be penalized for not stepping up and taking action! Our MD custody attorneys can help you get the emergency support order you need to protect your child. Our speedy and dedicated family lawyers are ready to help now. Don’t hesitate to reach out via our online contact form or call us 24/7 at 410-694-7349.
Patrick Crawford is an Annapolis Family Lawyer dedicated to helping you through the most complex and emotional family law matters. During his career, Patrick has successfully represented countless people in divorce, child custody, child support, domestic violence, and other family law cases of diverse complexity.
Years of experience: 20+ years.
Maryland Registration Status: Active and authorized to practice law.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page has been approved by attorney Patrick Crawford, a legal professional with over 20 years of experience in family law.