Attorney
When family violence occurs, the safety of a child becomes the court’s top priority. Texas law allows a parent or guardian to request an emergency custody order, sometimes called a temporary restraining order or temporary order for possession, to protect a child from immediate harm. Understanding when these orders apply and how to request one can help you act quickly and effectively in a crisis.
When Emergency Custody May Be Granted
Emergency custody, also known as ex parte custody, may be issued when a judge believes a child is in immediate danger. “Ex parte” means the order can be granted without notifying the other parent first, though a full hearing will follow shortly afterward.
Common reasons courts issue emergency custody include:
- Evidence of domestic violence or threats of harm
- Abuse or neglect of a child
- Substance abuse that endangers the child
- Abduction risk or violation of an existing court order
The court’s goal is to prevent harm while ensuring that both parties have a chance to be heard at a later date.
The Legal Process for Emergency Custody in Texas
The process for requesting emergency custody typically involves the following steps:
- Filing a Petition – The parent or guardian must file a petition in the appropriate Texas family court requesting emergency relief.
- Providing Evidence – Supporting evidence such as police reports, medical records, photos, or witness statements is critical.
- Judge’s Review – A judge reviews the petition, often within hours or a few days, to decide whether to issue a temporary order.
- Temporary Order Issued – If approved, the order grants temporary custody to one parent and may include restrictions such as supervised visitation for the other.
- Follow-Up Hearing – Within about 14 days, both parties appear in court for a full hearing to determine if the order should remain in effect, be modified, or end.
Every case is unique, but judges focus primarily on one question: Is the child’s safety at risk?
How Domestic Violence Affects Custody Decisions
Texas courts take allegations of family violence seriously. Under Texas Family Code §153.004, a history or pattern of abuse can significantly limit a parent’s custody or visitation rights.
If the court finds credible evidence of domestic violence, it may:
- Restrict or suspend visitation
- Require supervised visits only
- Order completion of counseling or parenting classes
- Prohibit contact with the other parent or the child
In some situations, a protective order (restraining order) and an emergency custody order may be issued together to provide immediate and longer-term protection.
Proving Family Violence in Court
Because emergency orders are serious and affect parental rights, the court requires persuasive evidence. Helpful documentation may include:
- Police or incident reports
- Photos of injuries or property damage
- Text messages, voicemails, or emails showing threats or abuse
- Testimony from neighbors, relatives, or teachers
- Medical or counseling records
The stronger the evidence, the more likely the court will find an urgent need for intervention.
Temporary vs. Permanent Custody Outcomes
An emergency custody order is temporary by design. After the initial hearing, the court may:
- Extend the order until a final custody decision is made
- Modify it based on new evidence or changed circumstances
- Return custody to the other parent if no ongoing risk is found
Ultimately, the judge will decide permanent custody (conservatorship) arrangements in the best interests of the child, considering the family’s safety and stability.
Working with an Experienced Family Law Attorney
Emergency custody cases move fast and involve high emotional stakes. Having legal guidance can help ensure your filings are complete, your evidence is properly presented, and your child’s safety remains the focus.
At Navarrete & Schwartz, P.C., our family law attorneys in Midland and Odessa understand how Texas courts handle domestic violence and emergency custody. We act quickly to secure protective and custody orders when a child’s well-being is at risk, and we guide parents through the legal process with care and skill.
Protect Your Child and Your Rights
If you believe your child is in immediate danger, do not wait. Contact Navarrete & Schwartz, P.C. today for legal help with emergency custody and protective orders. We’re ready to act quickly to safeguard your family’s future.