Georgia Emergency Custody Motion

Q: What is the Georgia name for an emergency custody request?

Georgia's ex parte route is a verified family violence petition under O.C.G.A. 19-13-3, which may lead to temporary custody under 19-13-4(a)(4). Georgia also has temporary emergency jurisdiction under O.C.G.A. 19-9-64 if the child is present in Georgia and abandoned, or emergency protection is necessary because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Q: What must I show a Georgia court to get an ex parte order?

A verified petition alleging with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future (O.C.G.A. 19-13-3(b)). The court decides whether the showing is enough.

Q: Does Georgia require notice to the other parent before an ex parte order?

O.C.G.A. 19-13-3(b) says the court may order temporary relief ex parte. Before filing, ask the superior court clerk or an attorney what notice to the other parent the court requires.

Q: How soon is the hearing after a Georgia ex parte order?

Within ten days of filing the petition or as soon as practical thereafter, but not later than 30 days after filing (O.C.G.A. 19-13-3(c)). The petition stands dismissed if no hearing is held within 30 days unless the parties agree.

Q: Can Georgia courts act if the child is only temporarily in the state?

Under O.C.G.A. 19-9-64, a Georgia court has temporary emergency jurisdiction if the child is present in Georgia and abandoned, or emergency protection is necessary because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.

Q: Where do I file an emergency custody request in Georgia?

A family violence petition is filed in the superior court (O.C.G.A. 19-13-3(a)). The clerk may provide family violence forms and assistance at no cost under 19-13-3(d).

Q: Can a Georgia protective order include custody?

Yes. O.C.G.A. 19-13-4(a)(4) allows the court to award temporary custody of minor children and establish temporary visitation rights as part of a family violence protective order.

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

Ask the court for the specific temporary orders you need rather than acting on your own. If a child is in danger, call 911.

Ex parte family violence order; hearing within ten days or as soon as practical, by day 30 at latest

Find out where you stand in Georgia

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Introduction

Georgia's ex parte route runs through the family violence statute, O.C.G.A. 19-13-3: a verified petition showing probable cause. A hearing follows within ten days of filing or as soon as practical, and no later than 30 days after filing.

Key Things to Know

1
If a child is in immediate danger, call 911 now. A court filing takes time and cannot replace emergency help.
2
Georgia's ex parte route runs through the family violence statute, O.C.G.A. 19-13-3 and 19-13-4. The court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from violence.
3
The standard: a verified petition in which the petitioner alleges with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future. The court decides whether that showing is met.
4
A protective order under O.C.G.A. 19-13-4(a)(4) may award temporary custody of minor children and establish temporary visitation rights. The petition is filed in superior court.
5
A hearing must be held within ten days of filing the petition or as soon as practical thereafter, but not later than 30 days after filing. The petition stands dismissed if no hearing occurs within 30 days unless the parties agree.
6
The ex parte order remains until it is dismissed or the hearing occurs. A protective order after hearing lasts up to one year, and may be extended on motion and hearing to up to three years or made permanent.
7
For temporary emergency jurisdiction, O.C.G.A. 19-9-64 requires the child to be present in Georgia and abandoned, or in need of emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse. The clerk may provide family violence forms and assistance at no cost. To report abuse, contact child protective services. For non-emergency changes, see the modifying child custody guide.

Key decisions before you file

Before you file a Emergency Custody Motion in Georgia, a few decisions shape the document: which option to choose and what each one means. The Emergency Custody Motion guide walks through them.

Open the Emergency Custody Motion guide

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IN THE SUPERIOR COURT OF [COUNTY] COUNTY STATE OF GEORGIA

[PARENT NAME], Petitioner, v. CIVIL ACTION FILE NO. [CASE NUMBER] [OTHER PARENT NAME], Respondent.

VERIFIED PETITION AND MOTION FOR EX PARTE TEMPORARY RELIEF AND TEMPORARY CUSTODY OF A MINOR CHILD

Petitioner, [PARENT NAME], moves under O.C.G.A. 19-13-3 and 19-13-4 and states:

CHILD: [CHILD NAME], born [DATE OF BIRTH], who lives at [ADDRESS] in [COUNTY] County, Georgia.
EXISTING ORDERS AND CASES: [CASE NUMBER AND COURT OF EACH CUSTODY, PROTECTIVE ORDER OR CHILD WELFARE CASE, OR NONE].
FACTS: [SPECIFIC FACTS OF WHAT HAS HAPPENED, WITH DATES, PLACES AND WHO WAS PRESENT].
PROBABLE CAUSE: Family violence has occurred in the past and may occur in the future because [SPECIFIC FACTS].
TEMPORARY EMERGENCY JURISDICTION (O.C.G.A. 19-9-64): [FACTS SHOWING THE CHILD IS PRESENT IN GEORGIA AND HAS BEEN ABANDONED, OR THAT EMERGENCY PROTECTION IS NECESSARY BECAUSE THE CHILD, A SIBLING OR A PARENT IS SUBJECTED TO OR THREATENED WITH MISTREATMENT OR ABUSE, OR NONE].

REQUESTED TEMPORARY RELIEF (ALTERNATIVES): [ ] A. Ex parte temporary relief necessary to protect the child from violence. [ ] B. Temporary custody of the child awarded to Petitioner until the hearing. [ ] C. Temporary visitation for the other parent only as follows: SUPERVISED, LIMITED TERMS OR NONE UNTIL HEARING. [ ] D. Other: [REQUEST].

NOTICE (ALTERNATIVES): [ ] A. The other parent was told of this filing on [DATE] by [METHOD]. [ ] B. The other parent was not told because: [FACTS].

Respectfully submitted on [DATE]. ______________________ [PARENT NAME], [ADDRESS, PHONE, EMAIL]

VERIFICATION STATE OF GEORGIA, COUNTY OF [COUNTY] Personally appeared before the undersigned officer [PARENT NAME], who, after being duly sworn, states that the facts in this petition are true and correct. ______________________ [PARENT NAME] Sworn to and subscribed before me on [DATE]. ______________________ Notary Public. My commission expires: [DATE]

CERTIFICATE OF SERVICE [ ] A. I certify that a copy of this petition was sent on [DATE] by [METHOD] to [OTHER PARENT OR COUNSEL, ADDRESS]. [ ] B. No copy was sent before filing because: [REASON]. ______________________ [PARENT NAME]

Georgia Requirements for Emergency Custody Motion

Verified petition
O.C.G.A. 19-13-3(b) calls for a verified petition alleging with specific facts that probable cause exists to establish that family violence has occurred in the past and may occur in the future.
Ex parte temporary relief
The court may order such temporary relief ex parte as it deems necessary to protect the petitioner or a minor of the household from violence (O.C.G.A. 19-13-3(b)).
Temporary custody in a protective order
O.C.G.A. 19-13-4(a)(4) allows an award of temporary custody of minor children and temporary visitation rights.
Hearing deadline
A hearing is held within ten days of filing or as soon as practical, but not later than 30 days after filing, or the petition stands dismissed unless the parties agree (O.C.G.A. 19-13-3(c)).
Temporary emergency jurisdiction
O.C.G.A. 19-9-64 applies when the child is present in Georgia and abandoned, or needs emergency protection because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse.
Facts of the emergency
State dates, places, people present and the specific facts showing family violence has occurred and may occur again, in the sworn petition.
Specific temporary orders requested
List each order sought, such as temporary custody or limited or supervised visitation, as separate alternatives.

Frequently Asked Questions

What is the Georgia name for an emergency custody request?

What must I show a Georgia court to get an ex parte order?

Does Georgia require notice to the other parent before an ex parte order?

How soon is the hearing after a Georgia ex parte order?

How long does a Georgia ex parte order last?

Can Georgia courts act if the child is only temporarily in the state?

Where do I file an emergency custody request in Georgia?

Can a Georgia protective order include custody?

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

Find out where you stand in Georgia

Introduction

Key Things to Know

Key decisions before you file

Customize your Emergency Custody Motion Template with DocDraft

Georgia Requirements for Emergency Custody Motion

Verified petition

Ex parte temporary relief

Temporary custody in a protective order

Hearing deadline

Temporary emergency jurisdiction

Facts of the emergency

Specific temporary orders requested

Frequently Asked Questions