What Happens After Emergency Custody Is Granted in Texas?

The need to seek emergency custody is a situation no parent wants to find themself in. But after a judge issues the order and the dust settles, you need to know what happens after emergency custody is granted. The answer depends on the origin of the custody order, especially whether Texas Child Protective Services (CPS) is involved. Generally, emergency custody is temporary, so the next step is to work toward permanent custody.

 

Typically, emergency custody involves avoiding imminent risks to a child’s life or welfare. The serious nature of this request makes having an experienced, responsive lawyer on your side critical to moving forward confidently. Erik and Diana Larson of The Larson Law Office are experienced, dedicated, and committed to providing honest legal advice to tailor your case plan to your circumstances. Emergency custody issues can move quickly, so reach out as soon as possible to start planning.

How Do You Get Emergency Custody?

An emergency custody order temporarily restricts one or both parents from having custody. A court may order emergency custody:

• In a temporary order,
• As part of a protective order,
• Following a CPS intervention, or
• Based on its emergency jurisdiction.

Whether a court orders emergency custody depends on the child’s best interests. 

Temporary Custody Order

You can request a temporary order placing a child in one parent’s sole custody and restricting the other parent’s access to the child. Specifically, you can request a temporary order as part of determining initial custody or when requesting to modify custody. To get emergency custody, you submit an affidavit—a sworn written statement—explaining specific facts indicating that irreparable harm will occur to the child if the court does not issue the order.

Protective Order

An adult member of a child’s family or household can apply for a protective order on a child’s behalf. You need to provide evidence that the person you are trying to protect the child from committed family violence against them. Family violence may include:

• Causing a child physical injury;
• Subjecting a child to harmful sexual contact or coercing them to engage in sexual conduct;
• Harming the child through controlled substance use;
• Encouraging or allowing a child to use a controlled substance; or
• Coercing or forcing a child into marriage.

Evidence may be photographs, medical reports, screenshots, or testimony. 

Child Protective Services 

If someone reports suspected child abuse or neglect to CPS, the agency then opens an investigation. Then, CPS determines whether the abuse or neglect is “founded” (confirmed) or “unfounded” (not confirmed). If the report is founded, CPS may intervene. It should leave the child in a parent’s custody unless the child is unsafe there. If the child is unsafe with a parent, CPS should attempt to place them with a relative.

After reasonable efforts to avoid it, CPS may take emergency custody of a child (place them in the foster care system) without a court hearing if one of the following applies:

• The child has been sexually abused or neglected;
• The child faces immediate danger, making it too risky to have a hearing first;
• Leaving the home supports the child’s welfare;
• The child could not be protected through an order to remove the perpetrator from the home or, a protective order; or
• The child cannot safely be placed with a relative.

CPS can also help one parent protect their child from the other.

Emergency Jurisdiction

What child custody law applies to you usually depends on what state you live in. But Texas courts have jurisdiction—the power to make binding court orders—to issue an emergency child custody order for a child located in Texas, regardless of the child’s home state. Specifically, Texas courts have emergency jurisdiction if the child has been abandoned or a custody order is necessary to protect the child, a sibling, or the child’s parent.

What Happens After Emergency Custody Is Granted in Texas?

What happens after emergency custody is granted in Texas depends on how the court established custody and what the custody order says. Protective orders and emergency jurisdiction involve special circumstances. Typically, if CPS removes the child or creates a program for parents to follow, the next step is to work with CPS. Otherwise, the next step is to determine permanent custody.

Extending a Protective Order

Usually, an emergency protective order lasts for 20 days. To establish a long-term order, the court holds a hearing where both parties can present evidence.

Addressing Ongoing Jurisdiction

If a Texas court issues a custody order based on emergency jurisdiction, it notifies courts in other states that previously issued custody orders related to the parties. Depending on the circumstances, you may work with the Texas court or a court in another state going forward.

Establishing Permanent Custody

Establishing permanent custody following an emergency custody order often requires more safeguards than the average custody case. You may work with the other parent to come to an agreement, attend mediation, or ask the court to decide the issue. Regardless of your route, the law authorizes special safety measures to protect you and your child throughout the process. 

Working with CPS

If CPS has emergency custody, they should provide you with a specific plan to get your child back. The plan might involve, for example, participating in: 

• Substance abuse evaluation and treatment,
• Parenting classes, or
• Individual or family therapy.

Upon successfully completing CPS’s requirements, your child should return to you. If you do not cooperate with CPS or complete the tasks it requires, it may attempt to terminate your parental rights. 

Moving Forward After Emergency Custody Is Granted

Reach out to the the Larson Law Office to make a plan about what to do after emergency custody is granted. We will evaluate your case, provide honest opinions about your paths forward, and help you protect your child and your rights.

Contact us today!

 

Resources:

• Texas Department of Family and Protective Services (DFPS), Child Protective Services (CPS), link.
• Texas Family Code § 71.003 (defining “family” related to family violence), link.
• Texas Family Code § 71.004 (defining family violence), link.
• Texas Family Code § 71.005 (defining “household” related to family violence), link.
• Texas Family Code § 82.002 (describing who may apply for a protective order), link.
• Texas Family Code § 83.001 (authorizing protective orders for clear and present danger of family violence), link.
• Texas Family Code § 83.002 (stating that a temporary protective order typically last 20 days), link.
• Texas Family Code § 83.005 (stating that a protective order for a child supersedes existing custody orders), link.
• Texas Family Code § 83.006 (authorizing the court to order a person be excluded from their own residence), link.
• Texas Family Code § 85.025 (stating that a permanent protective order typically lasts two years), link.
• Texas Family Code § 105.001 (identifying when a court can make temporary orders during custody establishment), link.
• Texas Family Code § 152.204 (describing when a Texas court has temporary emergency jurisdiction), link .
• Texas Family Code § 153.002 (custody is guided by the best interests of the child), link.
• Texas Family Code § 156.006 (identifying when a court can make temporary orders during custody modification), link.
• Texas Family Code § 262.102 (establishing when CPS may take possession of child), link.