Emergency Custody In Minnesota: When And How To Act Quickly

In this article, you will discover:

• The definition of an emergency custody situation under Minnesota law.
• The evidence needed to prove the necessity for emergency custody.
• What to do if your emergency custody request is denied.

What Qualifies As An Emergency Custody Situation Under Minnesota Family Law?

An emergency custody situation occurs when a child is literally endangered by being in the care and custody of the other parent. Maybe that parent has issues with mental health, chemical abuse, neglect, or abuse. In that case, an emergency custody motion must be brought before the court to grant custody to the parent who’s not endangering the child.

What Evidence Is Needed To File For Emergency Custody In Minnesota?

The bar for evidence of endangerment is high and fact-dependent. Courts don’t like taking children away from their parents. Your attorney must look at all the facts of the situation to determine whether it’s appropriate to bring an emergency custody action.

I have worked on cases where the endangering parent had chemical abuse or mental health issues that physically put the child in danger. I’ve had other cases of emotional abuse where we demonstrated that the children were suffering because of the endangering parent’s behavior. I’ve also had cases where we’ve presented similar issues to the court and were denied emergency custody.

Ultimately, your attorney must examine the facts of the case to determine whether there is an emergency and your child is in danger. If the child is in your care and you allege that the other parent endangers the child, you will have to demonstrate what is causing the endangerment and how.

Attorney Kathleen Gomez is a skilled lawyer based in Otsego, MN, who has helped countless clients just like you navigate the intricacies of child custody law. With years of experience, she is prepared to assist you when you find yourself in need of emergency child custody so you can protect your children from imminent harm.

Still have questions? Ready to get started? Contact Gomez Law PLLC today to schedule an initial consultation.

What Happens After A Court Issues An Emergency Custody Order?

Typically, the child goes with the parent that’s petitioning for the order. The court then sets a trial date, during which the evidence can be presented. Permanent custody might be set at that time if that’s appropriate.

Perhaps it’s a step-parent or parent’s significant other who is endangering the child. In that instance, the court may order them to stay away from the child. Other times, parents agree that specific measures should be implemented to ensure the child’s safety.

Occasionally, mediation resolves some of these issues. However, generally speaking, if the child is in danger, the court will award custody to the parent who’s not endangering the child.

What Should I Do If My Emergency Custody Request Is Denied?

It depends on the circumstances. If you feel that your child is in danger, you must take action. You can call law enforcement. You may want to consider contacting Child Protective Services to have them investigate your child’s welfare. It also may be helpful to discuss the case with someone from your child’s school if that’s relevant.

Notes From The Field: Preparing A Client For The Challenges Of Emergency Custody Court Hearings

These cases are challenging and frustrating for our clients, both emotionally and financially. The courts don’t want to take children away from their parents, but the children need to be safe. There needs to be a balance there.

When children aren’t safe, the courts will step in. Yet, even when we can get relief through an emergency motion, that’s usually just the beginning. Typically, the endangering parent needs some time to undergo either an assessment, treatment, or both.

The court will schedule those issues for a review hearing. It’s not uncommon that review hearings become motion hearings to determine what is happening in the endangering parent’s home and how it’s affecting the children.

These cases can last a year or more before we’re able to get some kind of relief, which is often an award of permanent custody to the petitioning parent. We typically involve guardians ad litem, psychologists, or social workers in the case to gain a better understanding and thoroughly investigate the facts.

Still Have Questions? Ready To Get Started?

For more information on emergency custody in Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 270-1571 today.