Texas Emergency Custody Motion

Introduction

Key Things to Know

1. 1

   If a child or anyone else is in immediate danger, call 911 now. A court filing takes time and cannot protect anyone in the moment.

2. 2

   Texas has no separate 'emergency custody order' label in Fam. Code ch. 105. You ask for a temporary order for the safety and welfare of the child, including temporary conservatorship (Tex. Fam. Code 105.001), or a temporary restraining order (Tex. R. Civ. P. 680).

3. 3

   For an ex parte TRO the standard is that it 'clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result' (Tex. R. Civ. P. 680). The court decides whether that is shown, and no order is guaranteed.

4. 4

   A verified pleading or affidavit is required before an order attaching the child, taking the child into the court's possession, or excluding a parent from possession or access (Tex. Fam. Code 105.001(c)).

5. 5

   Temporary conservatorship, support, or fee orders generally may not be rendered except after notice and a hearing (Tex. Fam. Code 105.001(b)). The only no-notice conservatorship exception there is an emergency order sought by a governmental entity under Chapter 262 (105.001(h)). A TRO can issue without notice only on the Rule 680 specific-facts showing.

6. 6

   Every restraining order must set a certain date for hearing on the temporary or permanent injunction. An ex parte TRO expires by its terms within the time the court fixes, not to exceed 14 days, and may be extended once for a like period for good cause or by consent (Tex. R. Civ. P. 680).

7. 7

   If the child is in Texas and has been abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse, a Texas court has temporary emergency jurisdiction (Tex. Fam. Code 152.204).

Texas Requirements for Emergency Custody Motion

• Temporary Order Authority

  In a suit, the court may make a temporary order for the safety and welfare of the child, including temporary conservatorship (Tex. Fam. Code 105.001). Texas has no separate emergency custody order label in chapter 105.

• Immediate and Irreparable Injury Standard

  An ex parte TRO requires that it clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result (Tex. R. Civ. P. 680).

• Verified Pleading or Affidavit

  A verified pleading or affidavit is required before an order attaching the child, taking the child into the court's possession, or excluding a parent from possession or access (Tex. Fam. Code 105.001(c)).

• Notice and Hearing for Conservatorship Orders

  Temporary conservatorship, support, or fee orders may not be rendered except after notice and a hearing, unless the governmental-entity emergency exception in 105.001(h) applies (Tex. Fam. Code 105.001(b), (h)).

• 14-Day Cap on Ex Parte TRO

  An ex parte TRO expires within the time the court fixes, not to exceed 14 days, and may be extended once for a like period for good cause or by consent (Tex. R. Civ. P. 680).

• Certain Date for Hearing

  Every restraining order must set a certain date for hearing on the temporary or permanent injunction, and the adverse party may move to dissolve on two days' notice (Tex. R. Civ. P. 680).

• UCCJEA Temporary Emergency Jurisdiction

  A Texas court has temporary emergency jurisdiction if the child is present in Texas and abandoned, or emergency protection is needed because the child, a sibling or a parent is subjected to or threatened with mistreatment or abuse (Tex. Fam. Code 152.204).

• Family Violence Protective Order Route

  A temporary ex parte protective order may issue on a clear and present danger of family violence, valid up to 20 days and extendable in 20-day periods (Tex. Fam. Code 83.001, 83.002).

• Statement of Inability to Afford Costs

  A party who cannot afford court costs files the Statement of Inability to Afford Payment of Court Costs approved by the Supreme Court, or another sworn document with the same information (Tex. R. Civ. P. 145).