How Long Does It Take to Get Emergency Custody in Indiana? | New Albany Child Custody Attorney

When a child’s safety is at risk, every moment counts. At Mattox & Wilson, we understand how urgent these situations are, and our mission is to help parents secure emergency custody to protect their children. In this article, we’ll guide you through the essential information about filing for emergency custody in Indiana, the factors courts consider, and how our firm can support you every step of the way.

If you’re dealing with an emergency custody situation—whether seeking to file or defend against an order—reach out to our office to schedule a consultation with an experienced custody attorney. For over three decades, we have been dedicated to protecting families in New Albany and the surrounding communities. Let us help you take the next steps to safeguard your loved ones.

What is Emergency Custody in Indiana?

Emergency custody is a temporary legal arrangement designed to protect children in dangerous situations. If you’re in a position where your child’s well-being is at immediate risk—due to abuse, neglect, or other imminent harm—an emergency custody order might be necessary. This order, if granted, places the child with the petitioner temporarily until a full hearing can take place to decide on a long-term arrangement.

Can Courts Issue An Emergency Custody Order Without Notifying the Other Parent or Guardian?

In some urgent situations, the court may issue an emergency custody order without requiring notice to the other party. This is a significant exception to the general rule of providing notice in legal proceedings and is governed by Indiana Trial Rule 65(B). For this to occur, certain conditions must be met:

• Immediate and Irreparable Harm: The petitioner must demonstrate that immediate and irreparable injury, loss, or damage would occur if custody is not modified before the other party is given notice or an opportunity to respond. This requires clear and compelling evidence, often supported by an affidavit or verified complaint.
• Efforts to Provide Notice: The petitioner’s attorney must certify the efforts made to notify the other party, if any, and provide reasons why notice should not be required. This is typically done in writing and filed with the court alongside the emergency petition.
• Risk of Escalation or Harm: In some cases, providing notice to the opposing party could exacerbate the situation, such as worsening volatile or harmful behavior. For example, if there are concerns about mental instability, a flight risk, or potential harm to the child or others, the court may waive the notice requirement to prevent further risk.

When an emergency order is granted without notice, the court will usually schedule a hearing as soon as possible to review the case in greater detail. This ensures that all parties have an opportunity to be heard and that the emergency measures are justified.

The Legal Process of Emergency Custody in Indiana

Filing for emergency custody in Indiana involves submitting a petition to the court, detailing why an emergency order is essential. In this petition, we need to provide strong evidence that demonstrates the immediate risk to your child. After filing, the court will typically schedule a hearing to review the case and decide whether to grant emergency custody.

Our team is here to help streamline this process for you. From preparing the necessary documents to representing you in court, we’ll ensure that your petition is as compelling as possible, backed by all relevant facts and evidence.

How Soon Will My Emergency Custody Hearing Take Place?

In Indiana, courts recognize the urgency of emergency custody cases, so hearings are often scheduled quickly—usually within a few days of filing, excluding weekends and holidays. The specific timeline, however, can vary depending on the county and court’s caseload. Working with an attorney familiar with the local court system can make all the difference, helping you avoid any potential delays.

Emergency Custody Orders Initiated by the Department of Child Services (DCS)

In certain cases, the Indiana Department of Child Services (DCS) may intervene to protect a child believed to be at significant risk. When DCS believes a child requires immediate protection, it can request authorization from a juvenile court to file a petition declaring that the child is a “Child in Need of Services” (CHINS).

If the court authorizes this petition, DCS may then seek an “Emergency Custody Order” to remove the child from their current living situation.[1] This order allows DCS to take temporary custody of the child and requires a detention hearing to occur within 48 hours (excluding weekends and holidays) following the child’s removal from the home. The purpose of this hearing is to ensure the court promptly reviews the situation and determines the next steps.

There are also instances when DCS may take a child into custody without a court order. According to Indiana Code § 31-34-2-3, DCS can proceed without a court’s immediate authorization if there is probable cause to believe the child is a CHINS and that their physical or mental well-being is in immediate jeopardy. This action is usually reserved for urgent situations where there isn’t enough time to obtain a court order, or when safety concerns prevent alternative solutions, such as placing the child temporarily with family members. In these situations, a detention hearing must also be held within 48 hours to review the child’s removal and determine whether further intervention is necessary.

Understanding When a Child is Considered “In Need of Services” (CHINS)

Under Indiana law, a child may be deemed a “Child in Need of Services” (CHINS) if specific circumstances endanger their well-being or if certain needs are not being met by their caregivers. Indiana Code § 31-34-1 outlines various conditions under which a child may qualify as a CHINS, such as:

• Lack of access to basic needs, including food, clothing, shelter, medical care, education, or adequate supervision.
• Refusal by a parent to support the child’s educational needs, including failure to engage in disciplinary measures or school proceedings when required.
• Deprivation of essential medical or surgical care for a disabled child.
• Actions by the child, a pregnant mother, or other residents in the home that compromise the child’s safety or welfare.

When a child is removed under these circumstances, the detention hearing allows parents to challenge the CHINS claim. During the hearing, parents may present testimony and evidence demonstrating that their child is not in need of such services and should be returned to their home. Additionally, parents retain important rights throughout this process, including the right not to self-incriminate during these proceedings and the right to legal representation. In most cases, it is strongly advised that parents exercise both rights to ensure they receive fair consideration and representation. As experienced emergency custody lawyers, we can be by your side to advocate for you and your child’s interests through every step of the process.

Temporary vs. Emergency Custody: What’s the Difference?

It is important to understand the difference between temporary custody and emergency custody. Temporary custody arrangements are often put in place during divorce or separation cases to create stability for the child until a final custody order is established. Emergency custody, however, is sought when a child’s safety is at immediate risk and requires swift action.

If the court grants emergency custody, it is generally a short-term measure meant to protect the child until a more comprehensive hearing can be held.

Factors Indiana Courts Consider for Emergency Custody Orders

Indiana courts place the child’s best interests at the forefront of every custody decision. When reviewing emergency custody petitions, the judge will look closely at factors like:

• The Child’s Current Living Situation: Is there a threat to the child’s physical or emotional safety?
• Imminent Danger: Is there compelling evidence of abuse, neglect, or another form of harm?
• Parental Stability: Which parent can provide a stable, supportive environment for the child?
• Other Relevant Factors: This could include any history of violence, substance abuse, or other risks that may impact the child’s well-being.

To strengthen your case, as experienced New Albany emergency custody attorneys, we will work with you to gather the necessary documentation, witness statements, and any other evidence that illustrates the urgency of your situation.

How Long Does the Emergency Custody Process Take?

The emergency custody process is typically expedited, but timelines can vary. From filing the petition to attending the initial hearing, you might expect the process to take anywhere from a few days to a week. If emergency custody is granted, the order is usually temporary, and a follow-up hearing will be scheduled soon after. This follow-up allows for a deeper review of the case, at which point the court may decide to extend or modify custody arrangements.

How Mattox & Wilson Supports You During the Process

Navigating emergency custody cases requires both compassion and expertise. At Mattox & Wilson, we’re committed to offering our clients both. Our attorneys, Derrick Wilson and Aaron Johnson, bring extensive experience in family law and child custody cases. We understand that each family’s situation is unique, and we approach each case with a strategy designed around your specific needs.

We’ll help you gather and organize all necessary evidence, from medical records to witness statements, ensuring that your case is as strong as possible. Whether it’s preparing for court hearings, communicating with the court on your behalf, or offering guidance on the next steps, our goal is to be your advocate and ally through this challenging time.

Why Choose Mattox & Wilson as Your New Albany Child Custody Attorneys?

Choosing the right attorney can make a significant difference in securing emergency custody quickly and effectively. For over three decades, our firm has had a long-standing commitment to helping families in New Albany and the surrounding communities. We understand the urgency of these cases and work diligently to provide the support, legal insight, and dedication you need. If you are considering emergency custody or need guidance on your options, please call our office at 812-944-8005 to schedule a consultation.

Emergency custody can feel overwhelming, but you don’t have to face it alone. At Mattox & Wilson, we’re here to help protect what matters most: your child’s safety and well-being. If you believe emergency custody may be necessary, contact us today to discuss your case with a dedicated New Albany child custody attorney.

[1] Indiana Code § 31-34-9-5. Written Request That Child Be Taken Into Custody; Evidence; Finding :: 2023 Indiana Code :: US Codes and Statutes :: US Law :: Justia