How to File for Emergency Custody in Texas

How Long Does Emergency Custody Last in Texas?

Emergency custody orders in Texas are temporary and typically remain in effect for 14 days. If the full hearing does not occur within 14 days, the emergency order automatically expires, and custody arrangements return to the prior legal status.

However, courts may extend the order under certain circumstances, such as:

• Delays in scheduling the full hearing due to court availability.
• New evidence of ongoing danger that requires further protection.
• The responding parent requesting additional time to prepare their case.

If an extension is granted, the emergency order remains in effect until the rescheduled hearing date. Once the court hears both sides, the judge will decide whether to extend, modify, or dismiss the emergency custody order based on the best interests of the child.

What Happens After an Emergency Custody Order is Granted?

Once an emergency custody order is granted, it immediately changes the custody arrangement to protect the child. However, these orders are temporary, meaning further legal steps are required before a long-term decision is made.

Impact on Parental Rights

Emergency custody orders often limit or remove the other parent’s rights until a judge reviews the case in a full hearing. The specific impact depends on the circumstances but may include:

• Temporary loss of visitation rights – If the court determines that the non-custodial parent poses a risk, they may be barred from seeing the child until further review.
• Supervised visitation – In some cases, the court may allow the non-custodial parent to visit under strict supervision.
• Legally enforceable restrictions – The emergency order is binding, meaning law enforcement or Texas Department of Family and Protective Services (DFPS) can intervene if the non-custodial parent violates it.
• Restrictions on communication – Depending on the situation, the court may prohibit the non-custodial parent from contacting the child or the custodial parent.

Until the full custody hearing takes place, the custodial parent must follow the court’s guidelines regarding custody and visitation. Violating the emergency order could weaken their case in the upcoming hearing.

Can the Other Parent Fight the Emergency Custody Order?

Yes, the parent affected by the emergency custody order has the right to challenge it. This happens at the full emergency custody hearing, where both sides present evidence before the judge makes a final decision.

To contest the order, the other parent may:

• Argue that the emergency order was unnecessary or based on false claims.
• Provide evidence showing the child is not in danger and that standard custody should be restored.
• Request modifications to visitation or custody terms if complete removal is unjustified.

Because emergency custody cases involve high-stakes decisions, having strong legal representation is key for both parties. 

Challenges in Obtaining Emergency Custody in Texas

Emergency custody requests are not automatically granted, and several legal and procedural obstacles can make the process difficult:

• Judges are reluctant to disrupt custody: Courts prefer to maintain existing custody orders unless there is undeniable proof of immediate harm. Our lawyers know how to present compelling evidence to demonstrate the urgency of your case.
• Risk of rejection or increased court scrutiny:  If a judge finds that the request lacks urgency or substantial proof, they may deny it. A rejected emergency custody request can make future custody modifications more difficult. Our team ensures your petition is backed by strong legal arguments to avoid unnecessary setbacks.
• Delays due to court scheduling: While emergency petitions are prioritized, some courts may take longer to schedule hearings, especially in high-volume jurisdictions. We work quickly to file your request properly and advocate for the fastest possible resolution.
• Legal consequences for weak or false claims:  If the court determines that a request was exaggerated or filed in bad faith, it could result in legal penalties or damage credibility in future custody proceedings. Our attorneys ensure your case is based on solid evidence and legitimate concerns to protect both your rights and your child’s well-being.
• Jurisdictional issues if the other parent is out of state:  If the non-custodial parent lives in another state, enforcing emergency custody can be more complicated. We guide our clients through interstate custody challenges to ensure their child’s safety is protected across state lines.

Successfully obtaining emergency custody requires a strategic legal approach and well-documented evidence. Our lawyers are here to help you navigate the process, strengthen your case, and protect your child’s best interests.

Why Choose Our Texas Emergency Custody Lawyers?

When your child’s safety is at risk, you need experienced legal advocates who can act quickly and effectively. Our team is dedicated to securing emergency custody orders as fast as possible while providing strong legal representation and compassionate support throughout the process.

1. Fast Action to Protect Your Child

We understand that time is critical in emergency custody cases. The longer it takes to file, the greater the potential risk to your child. Our lawyers move immediately to prepare and submit petitions, request Temporary Restraining Orders when necessary, and push for emergency hearings without delay.

2. Guidance Through a Complex Legal Process

Applying for temporary custody in Texas can be overwhelming, especially in high-stress situations. We simplify the legal process, ensuring you understand your rights, the necessary steps, and what to expect at each stage. From gathering evidence to court filings, we handle the complexities so you can focus on your child.

3. Strong Courtroom Representation

If your case goes to a hearing, you need an attorney who can aggressively fight to keep your child safe. Judges require compelling legal arguments and solid evidence before granting emergency custody. Our lawyers are experienced in presenting cases that demonstrate the urgency and necessity of immediate action.

4. Compassionate and Personalized Legal Support

Every family situation is different, and we take the time to listen to your concerns and tailor a legal strategy that meets your needs. Whether you’re dealing with domestic violence, neglect, or another serious issue, we provide compassionate support while working relentlessly to secure your child’s safety.