There are times when custody decisions cannot wait. If a child is in immediate danger—whether from abuse, neglect, or unsafe living conditions—a parent or guardian may need to act quickly. In Nebraska, this means seeking emergency custody through the courts. Understanding emergency custody in Nebraska and how to file can help you act quickly.
What Is Emergency Custody?
Emergency custody provides temporary protection for a child when their safety is at risk. It differs from ordinary temporary custody orders because it is granted without the usual waiting period. Courts may issue an ex parte order—meaning the request is considered without notifying the other parent—if immediate action is necessary to protect the child.
Who Can File for Emergency Custody?
Typically, either parent may request emergency custody. In some circumstances, legal guardians or even other relatives may petition if both parents are deemed unfit. The court’s priority is always the child’s safety and welfare.
What Are Reasons for Emergency Custody?
Emergency custody may be necessary when a child is experiencing:
- Domestic violence in the home
- Neglect or abandonment
- Physical or sexual abuse
- Substance abuse by a parent that endangers the child
- Arrest for serious crimes
- Any other situation posing immediate harm
How to File for Emergency Custody
Filing begins with a petition and supporting evidence that the child is in danger, such as police reports, medical records, or affidavits. If the court agrees the child is in danger, it may grant temporary custody until a full hearing can be held. At that hearing, both parents present evidence, and the judge decides whether emergency custody should continue. Before the hearing, parents should consult an attorney to assist in collecting and presenting evidence properly.
What Happens After Emergency Custody Is Granted?
After granting emergency custody, the court schedules a hearing where both parents may be heard. The parent who received temporary custody must be prepared to show why the arrangement should be extended or made permanent. The other parent is served notice and given the opportunity to respond. Consult your lawyer throughout the entire process for assistance if you have questions.
Frequently Asked Questions About Emergency Custody
Can a grandparent file for emergency custody?
Yes, a grandparent has the right to file for emergency custody if both parents are unfit and the child’s safety is at risk.
How do I get temporary custody of my niece or nephew?
You can get temporary custody of your niece or nephew by filing as an interested party with evidence of danger to the child.
How long does it take to get emergency custody?
It can take up to a few weeks to get emergency custody, but in urgent cases, orders can be issued within hours.
Can you file for emergency custody if the other parent is in jail?
Yes, you can file for emergency custody if the other parent is in jail. Incarceration alone may not guarantee custody, but if the child has no safe alternative, the court will act.
This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts.
At Hightower Reff Law, our divorce and family law experts stand ready to act quickly when a child’s safety is at stake, ensuring that legal protections are in place when families need them most. Contact us today for help with custody agreements.
