Where are Emergency Custody Hearings Held? The parent is incapacitated or incapable of caring for the child due to physical or mental illness.Īt the hearing, the family court can grant temporary custody of a minor child to the person who is asking for emergency custody (or the court could temporarily place the child in DSS custody if necessary), and the court can also grant temporary child support, alimony, or use of the marital home or other property necessary for the care of the child.There are visitors to the home that may be a danger to the child, like sex offenders, or.The parent has been convicted of a crime or is engaging in criminal activity,.There is domestic violence in the home,. The child is being exposed to drug or alcohol abuse,.The child is being physically or sexually abused,.For example, emergency custody may be justified when: You can file a motion asking the family court for emergency custody of a child when the child is in danger or exposed to dangerous behaviors in their home. To file for emergency custody in South Carolina, you or your attorney will file a “Motion for Emergency Temporary Relief” that includes an explanation and documentation of why emergency custody is needed.Ī family court judge will see your motion and, based on the documentation you provided, decide whether an emergency custody hearing is necessary. How to File for Emergency Custody in South Carolina A domestic violence victim needs to petition the family court for an Order of Protection.Situations where a spouse is liquidating or concealing their assets in a divorce case, or.An endangered child who needs to be removed from the home immediately,.If you need to ask the family court for emergency custody of a child, you will request an emergency hearing.Įmergency hearings are reserved for “true emergencies” where irreparable harm may be done if the court does not act swiftly, like: Expedited HearingsĪn expedited hearing allows the parties to “cut to the front of the line” when it is necessary to resolve procedural issues before another hearing date that has already been scheduled.įor example, an expedited hearing may be appropriate when one party needs a continuance and the other side will not consent, when one side intends to challenge jurisdiction (and does not want to spend time and their client’s money preparing for a hearing that may not happen because there is no jurisdiction), or when one side needs additional information or discovery to fully prepare for the previously scheduled hearing date. In some cases, however, a temporary hearing is not fast enough – for example, if a child is in danger and you need to seek emergency custody from the court. Types of Special Hearings: Temporary, Expedited, and Emergency Hearings Temporary HearingsĪ “temporary hearing” is often requested after a divorce or custody complaint is filed so the court can resolve important issues that just can’t wait until the final divorce hearing – for example, spousal support, child support, child custody, child visitation, or which spouse will keep the family home and vehicles. How long it will take to get an emergency custody hearing in the family court.įirst, let’s take a moment to consider some of the different types of hearings you can request in the family court and the purpose of each – temporary hearings, expedited hearings, and emergency hearings (where you can ask the court for emergency custody).When you should ask the family court for emergency custody and.How to file for emergency custody in South Carolina.The difference between temporary, expedited, and emergency hearings.A South Carolina emergency custody lawyer may be able to help you identify what your options are and help you to request an emergency custody hearing where the family court can step in and help get the child to a safe place. If a child is in danger, you will want to move as fast as possible to do what you can to help the child. What is emergency custody in South Carolina, and how do you go about getting it?
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