In an emergency situation you can file a Petition for a Temporary Order Without Notice simultaneously with a Petition to Modify Parenting Time. The court will hear it on an emergency basis if the child is in imminent risk of serious harm.
The Court will deem the following as an emergency situation:
1. Abuse
2. Neglect or abandonment
3. Domestic violence
4. The other parent’s abuse of drugs and/or alcohol
Just like with a non-emergency petition, the burden of proof is on the filing parent.
Evidence sufficient to prove the emergency is the key to getting the Petition granted on an emergency basis.
Key pieces of evidence used for emergency Petitions include, but are not limited to:
1. Text messages
2. Photos
3. Affidavits signed by eye witnesses
4. Police reports
The reason extensive evidence is required to be filed with the Petition is because you must convince the Judge that this is, in fact, an emergency situation, and not just a disagreement with the other parent.
If the Petition has enough evidence to convince the Judge to grant it, a temporary order will be issued, typically suspending the other parent’s parenting time and setting a hearing in the very near future.
At the hearing the accusations will be discussed and each parent will have an opportunity to bring in witnesses and present evidence for the Judge to make a ruling.
Modifying parenting time in an emergency situation can be complicated and it is a frightening time. Working with an experienced Attorney can make a difference.
If you suspect that your child may be at risk of serious harm and you would like to work with one of our experienced Attorneys, please call OWENS & PERKINS at (480) 994-8824 to schedule your free 30 minute consultation.
