Emergency Custody Motion

Q: How do you get an emergency custody order?

You file a motion or petition in the court that handles custody for your child, usually with a sworn statement of the facts showing serious, immediate risk. You give notice to the other parent as your state requires, and a judge reviews the request. If an order is made, it is temporary and a full hearing follows. Each state page gives its exact standard, notice rule, forms and hearing timing.

Q: What counts as an emergency for emergency custody?

Courts generally look for serious, immediate risk to the child, such as physical or sexual abuse, a credible threat of harm, exposure to dangerous conditions, or a real risk that the child will be removed and concealed. The exact legal standard differs by state, and the judge decides whether the facts meet it.

Q: When can a judge grant ex parte custody without the other parent present?

An ex parte custody order is one a judge makes after hearing only from the parent who asked, without the other parent present. Courts allow this only in limited circumstances, usually when giving notice first would put the child at risk. An ex parte order is short term, and the other parent gets a chance to be heard at a prompt hearing.

Q: Do I have to tell the other parent before asking for emergency custody?

In many states, yes. Courts often require you to notify the other parent, or to explain under oath what efforts you made and why notice was not possible or would put the child at risk. Follow your state's notice rule exactly, and tell the court honestly what notice you gave.

Q: What should the sworn statement of facts include?

Courts look for specific, firsthand facts: dates, places, what you saw or heard, who else witnessed it, and any police, medical or school records. It should explain why the risk is immediate and why waiting for a regular hearing is not safe. You sign it under penalty of perjury, so it must be true and accurate.

Q: How long does a temporary custody order last?

An emergency or temporary custody order lasts only until the court holds a full hearing or enters another order. Many states set a short deadline for that hearing, often within days or a few weeks. The state pages give each state's hearing timing and how long the order can last.

Q: Are there official temporary custody forms?

Many states and local courts publish official emergency custody forms or temporary custody forms, and some require you to use them. Check with the court clerk or your state court website. Where an official emergency custody form is required, file that form and attach any supporting statement it allows.

Q: Which state's court can make an emergency custody order?

Usually the child's home state, which is generally where the child has lived for the past six months. Under the uniform custody jurisdiction law most states follow, a court in another state where the child is present may make a temporary emergency order to protect the child, but the case returns to the home state court.

Q: Can a protective order address custody in an emergency?

Often, yes. A domestic violence or protective order can include temporary custody and visitation terms in many states, and it may be the faster route when the danger comes from abuse by the other parent. If you suspect child abuse or neglect, you can also report it to child protective services.

Q: Can I keep my child from the other parent while I wait for a hearing?

Not on your own if a custody order or the law gives the other parent rights. Withholding a child outside a court order can hurt your case and may break the law. If the child is in immediate danger, call 911, and ask the court for an emergency order rather than acting on your own.

Ask a court for a temporary custody order when a child faces serious, immediate risk of harm.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

An emergency custody motion asks a judge for a temporary custody order when a child faces serious, immediate risk, such as abuse or abduction. Most courts require sworn facts, many require notice to the other parent, and a full hearing follows.

Key Things to Know

1
If your child is in immediate danger, call 911 now. A court filing takes time, and police can respond right away.
2
Emergency custody is for serious, immediate risk to a child, such as abuse, a threat of harm or a credible risk that the child will be taken and hidden. Ordinary disagreements about schedules or parenting usually go through a regular custody case instead.
3
Most courts require a sworn statement of specific facts: what happened, when, who saw it and why the risk is immediate. Vague or general worries are rarely enough, and the judge decides whether the standard is met.
4
Many states require you to give the other parent notice of the request, with limited exceptions when notice itself would put the child at risk. An ex parte custody order, made without the other parent present, is the exception and not the rule.
5
An emergency or temporary custody order is short term. The court sets a full hearing soon after, where both parents can present evidence before any longer order is made.
6
The child's home state usually has jurisdiction over custody. The uniform custody jurisdiction law most states follow lets a court in another state act temporarily in an emergency, but only until the home state court can address it.
7
Other routes may fit better or run alongside a motion: a protective order can include temporary custody, child protective services investigates abuse and neglect, and non-emergency changes go through a custody modification.

Emergency custody orders by state

What each state calls the emergency request, what you must show, and how soon a full hearing follows. Open your state's page before you file.

State	What it is called	What you must show	Full hearing
Alabama	TRO without notice (Ala. R. Civ. P. 65(b))	Immediate and irreparable injury, shown by affidavit	At the earliest possible time
Arizona	Temporary order without notice (ARFLP Rule 48)	Irreparable injury to a party or a minor child	Within 10 days of the order, unless extended
Arkansas	Ex parte TRO (Ark. R. Civ. P. 65)	Immediate and irreparable injury, shown by affidavit	At the earliest possible time
California	Emergency (ex parte) orders, CRC 5.151; form FL-305	Immediate harm to the child or immediate risk of removal from the state	See the state page
Colorado	Motion to restrict parenting time (C.R.S. 14-10-129(4))	Child in imminent physical or emotional danger	Within 14 days after filing
Connecticut	Emergency ex parte order of custody (46b-56f)	Immediate and present risk of physical danger or psychological harm	Within 14 days after the ex parte order
Delaware	Emergency ex parte order (Fam. Ct. Civ. R. 65.2)	Immediate and irreparable harm, by affidavit or verified complaint	Within 15 days
Georgia	Ex parte family violence protective order	Probable cause, alleged with specific facts in a verified petition	Within 10 days, no later than 30 days after filing
Hawaii	Restraining order without notice (HFCR 65(b))	Specific facts showing immediate relief is appropriate	Prompt hearing
Idaho	Temporary order without notice (IRFLP 505)	Immediate and irreparable injury, by affidavit or verified motion	At the earliest possible time
Illinois	TRO without notice (750 ILCS 5/501(b))	Irreparable injury shown by affidavit	At the earliest possible time
Indiana	TRO without notice (Ind. Trial Rule 65(B))	Immediate and irreparable injury, by affidavit or verified complaint	At the earliest possible time
Iowa	Temporary custody order (Iowa Code 598.10)	See the state page	See the state page
Kansas	Ex parte temporary order (K.S.A. 23-2707)	Sworn showing required before changing the child's residency	Within 14 days of a request to vacate or modify
Kentucky	Temporary custody order (KRS 403.280)	Temporary custody under KRS 403.270 standards	See the state page
Louisiana	Ex parte temporary custody order (La. C.C.P. art. 3945)	Immediate and irreparable injury to the child, in a verified petition	Within 30 days after signing
Maine	TRO without notice (M.R. Civ. P. 65(a))	Immediate and irreparable injury, shown by affidavit	At the earliest possible time
Maryland	Emergency or ex parte relief (Md. Rule 1-351)	Imminent risk of harm to the child, or removal from the state	Decision on immediate action within 24 business hours
Massachusetts	Motion for temporary orders (G.L. c. 208 s. 28A)	Injury, harm or damage reasonably expected without relief	See the state page
Michigan	Ex parte order (MCR 3.207(B))	Irreparable injury from the delay of notice, by affidavit	Within 21 days if it alters the custodial environment
Minnesota	Ex parte restraining order (Minn. Stat. 518.131)	Immediate danger of physical harm to the child	Within 14 days of emergency relief
Missouri	Ex parte order of protection with temporary custody	Immediate and present danger of domestic violence	Within 15 days after filing
Montana	Temporary restraining order (MCA 40-4-121)	Irreparable injury before a hearing can be held	TRO lasts no more than 21 days
Nebraska	Temporary ex parte order (Neb. Rev. Stat. 42-357)	Affidavit showing the applicant is entitled to the order	72 hours if a restraining order concerning children issues
Nevada	TRO without notice (NRCP 65(b))	Immediate and irreparable injury, by affidavit or verified complaint	At the earliest possible time
New Hampshire	Ex parte temporary orders (RSA 461-A:9)	Immediate and irreparable injury or loss, shown by affidavit	Within 5 days of a written request
New Jersey	Order to show cause (R. 4:52-1)	Emergency relief is the only way to prevent immediate harm	Return date within 35 days
New York	Petition and order to show cause	Decided on the child's best interests	See the state page
North Carolina	Ex parte temporary custody order (G.S. 50-13.5(d))	Substantial risk of bodily injury, sexual abuse or abduction	See the state page
North Dakota	Ex parte interim order (N.D.R.Ct. 8.2)	Exceptional circumstances, such as imminent danger to the child	Within 30 days of the order
Ohio	Temporary emergency jurisdiction (R.C. 3127.18)	Emergency protection needed for the child present in Ohio	On written request (Civ.R. 75(N))
Oklahoma	Motion for an emergency custody hearing (43 O.S. 107.4)	Surroundings endanger the child and likely irreparable harm	Within 72 hours of the motion
Oregon	Ex parte temporary custody order (ORS 107.097)	Child in immediate danger, by declaration under penalty of perjury	On request of the other party
Pennsylvania	Special relief (Pa.R.C.P. 1915.13)	See the state page	See the state page
Rhode Island	Emergency relief or TRO without notice (Rule 65(b))	Immediate and irreparable injury, shown by affidavit	At the earliest possible time
South Carolina	Ex parte temporary relief (SCRFC Rule 21(g))	To protect the child's health, safety or welfare	At the earliest possible time
Tennessee	TRO without notice (Tenn. R. Civ. P. 65.03)	Immediate and irreparable injury, by affidavit or verified complaint	See the state page
Texas	Temporary restraining order (Tex. R. Civ. P. 680)	Immediate and irreparable injury, by affidavit or verified complaint	A hearing date set in the order
Utah	TRO without notice (URCP 65A(b))	Immediate and irreparable injury, shown by specific facts	At the earliest possible time
Vermont	Ex parte temporary order (15 V.S.A. 1104)	Findings of abuse of the plaintiff or the plaintiff's children	Within 14 days of the order
Virginia	Ex parte preliminary protective order (Va. Code 16.1-253)	Imminent threat to the child's life or health	Within 5 business days
District of Columbia	TRO without notice (Dom. Rel. Rule 65(b))	Immediate and irreparable injury, by affidavit or verified complaint	At the earliest possible time
Washington	TRO without notice (RCW 26.09.060; CR 65(b))	Irreparable injury before the time to respond	At the earliest possible time
West Virginia	Ex parte temporary relief (W. Va. Code 48-5-512)	Immediate and irreparable injury, by affidavit or verified complaint	See the state page

Key Decisions

The Child and the Emergency

Existing Orders and Cases

What You Are Asking the Court For

Emergency Custody Motion Requirements

Show a Serious, Immediate Risk to the Child
Courts grant emergency custody orders only for a serious and immediate risk to the child, such as abuse, harm or being taken out of the state. Describe what happened, when, and why it cannot wait.
Swear to the Facts in a Declaration or Affidavit
Most courts require the facts to be stated under oath, in a sworn declaration or affidavit signed by the parent asking for the order.
Use Your State's Emergency Forms Where They Exist
Many states publish official forms for emergency or ex parte custody requests. Where your court requires a form, use it.
Follow Your State's Notice Rules
Many states require notice to the other parent before the request is heard, with exceptions when notice would put the child at risk. Check your state's rule and timing.
Expect a Full Hearing Soon After Any Emergency Order
An emergency order is temporary. The court sets a full hearing soon after, where both parents can present evidence.
File in the Right Court
File in the court that handles custody for the child's home state, or in the state where the child is present when the law allows emergency jurisdiction there.
Disclose Other Cases and Orders
Tell the court about any existing custody order, protective order or child protective services case involving the child.
Bring Your Evidence and a Proposed Order
Bring copies of police, medical or school records, photos or messages, and a proposed temporary order for the judge to sign.
Call 911 First if the Child Is in Danger Now
A court filing takes time. If the child is in immediate danger, call 911. A protective order may also include temporary custody of the child.

Customize your Emergency Custody Motion Template with DocDraft

EMERGENCY CUSTODY MOTION

IN THE COURT OF COUNTY NAME, STATE NAME CASE NO. CASE NUMBER

MOVING PARENT FULL NAME, Petitioner v. OTHER PARENT FULL NAME, Respondent

THE CHILD This motion concerns CHILD FULL NAME, born DATE OF BIRTH, who now lives at CHILD'S CURRENT ADDRESS with PERSON THE CHILD LIVES WITH. During the last five years the child has lived at PRIOR ADDRESSES AND DATES.
EXISTING ORDERS AND CASES [IF APPLICABLE: A custody order was entered on DATE OF ORDER in COURT NAME, Case No. CASE NUMBER, which provides CUSTODY TERMS.] [IF APPLICABLE: The following related cases are pending or closed: TYPE OF CASE, COURT NAME, CASE NUMBER, STATUS.] [IF APPLICABLE: No custody order or related case exists concerning the child.]
FACTS OF THE EMERGENCY The child faces an immediate risk of harm because of the following facts, which I know personally: a. On DATE, at PLACE, DESCRIPTION OF WHAT HAPPENED AND WHO WAS PRESENT. b. On DATE, at PLACE, DESCRIPTION OF ANY FURTHER INCIDENT. c. The risk is immediate because REASON THE CHILD CANNOT SAFELY WAIT FOR A REGULAR HEARING. d. [IF APPLICABLE: Police, medical, school or child protective services records: AGENCY, DATE, REPORT NUMBER.]
TEMPORARY ORDERS REQUESTED Petitioner asks the Court to enter the following temporary orders until a full hearing: Alternative A: Temporary sole physical and legal custody of the child to Petitioner. Alternative B: Temporary custody to Petitioner, with parenting time for Respondent supervised by NAME OR AGENCY on SCHEDULE. Alternative C: Temporary custody to Petitioner, with Respondent's parenting time suspended until the hearing. [IF APPLICABLE: An order that neither parent remove the child from STATE OR COUNTY pending the hearing.] [IF APPLICABLE: An order that Respondent surrender the child's passport to COURT OR PERSON.] Petitioner also asks the Court to set a prompt hearing at which both parents may be heard.
NOTICE [IF APPLICABLE: On DATE at TIME, I gave notice of this motion to Respondent by METHOD OF NOTICE.] [IF APPLICABLE: I did not give notice because SPECIFIC FACTS SHOWING NOTICE WOULD CAUSE IMMEDIATE HARM TO THE CHILD, and I made these efforts: EFFORTS MADE.]
DECLARATION I declare under penalty of perjury under the laws of STATE NAME that the facts stated in this motion are true and correct to the best of my personal knowledge.

Signed on DATE at CITY, STATE.

MOVING PARENT FULL NAME, Petitioner ADDRESS PHONE NUMBER EMAIL ADDRESS

CERTIFICATE OF SERVICE I certify that on DATE I served a copy of this motion and declaration on OTHER PARENT FULL NAME [IF APPLICABLE: and on ATTORNEY NAME, attorney for Respondent] by METHOD OF SERVICE at ADDRESS OR EMAIL.

MOVING PARENT FULL NAME

Frequently Asked Questions

How do you get an emergency custody order?

What counts as an emergency for emergency custody?

When can a judge grant ex parte custody without the other parent present?

Do I have to tell the other parent before asking for emergency custody?

What should the sworn statement of facts include?

How long does a temporary custody order last?

Are there official temporary custody forms?

Which state's court can make an emergency custody order?

Can a protective order address custody in an emergency?

Can I keep my child from the other parent while I wait for a hearing?

Find out where you stand — what state are you in?

Introduction

Key Things to Know

Emergency custody orders by state

Key Decisions

The Child and the Emergency

Existing Orders and Cases

What You Are Asking the Court For

Emergency Custody Motion Requirements

Show a Serious, Immediate Risk to the Child

Swear to the Facts in a Declaration or Affidavit

Use Your State's Emergency Forms Where They Exist

Follow Your State's Notice Rules

Expect a Full Hearing Soon After Any Emergency Order

File in the Right Court

Disclose Other Cases and Orders

Bring Your Evidence and a Proposed Order

Call 911 First if the Child Is in Danger Now

Customize your Emergency Custody Motion Template with DocDraft

Frequently Asked Questions