Being served with emergency custody papers can be one of the most stressful moments in a family law case. Your emotions may be running high, and it’s easy to react out of fear or anger. Before you do anything, it’s important to slow down and make thoughtful decisions.
Here are the first steps I recommend.
What to Do After Being Served with Emergency Custody Papers
The first thing you need to do after being served with emergency custody paperwork is to slow down and take a deep breath.
Don’t overreact. Don’t lash out. Don’t send angry text messages or emails. Don’t make emotional phone calls or do anything that you might later regret or that a judge could view negatively.
Right now, your goal is to respond with logic instead of emotion.
How to Respond to Emergency Custody Papers
If you don’t already have an attorney, I strongly recommend scheduling a consultation as soon as possible.
Even if you ultimately decide not to hire an attorney, it’s important to understand:
- What the paperwork means
- What your legal rights are
- What deadlines you need to meet
- The best strategy moving forward
If you already have an attorney, contact them immediately. Review the motion together, discuss the allegations, and develop a plan for responding.
The sooner you begin preparing your response, the better positioned you’ll be to protect your parental rights.
When Are Emergency Custody Papers Filed?
Emergency custody requests can arise in many different types of family law cases, including:
- Divorce
- Paternity cases
- Post-decree custody modifications
- Relocation cases
Although every case is different, there is usually some event that prompted the filing.
That event might involve allegations of domestic violence, a serious argument between the parents, one parent being removed from the home, concerns about a child’s safety, or one parent planning to move out of state.
Emergency custody motions are designed to address situations where one parent believes immediate court intervention is necessary.
Key Takeaways: Served with Emergency Custody Papers
- Don’t panic or react emotionally.
- Avoid saying or doing anything that could hurt your case.
- Contact an experienced family law attorney as soon as possible.
- Begin preparing your response immediately.
Talk to an Arizona Family Law Attorney
If you’ve been served with emergency custody papers, the decisions you make during the next few days can have a significant impact on your case. Understanding your rights early can help you protect both yourself and your relationship with your children.