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At Mattox & Wilson, we understand how emotionally charged and time-sensitive custody disputes can be—especially during or after divorce. If you believe your child is at risk and needs immediate protection, Indiana law does provide a process for seeking emergency custody. However, it’s not as simple as filing a motion and getting an order the next day. Emergency relief must be handled with great care—and strict compliance with court rules.
If you’re going through a divorce and need help with an emergency custody motion, call us today at 812-944-8005 to speak with an Indiana emergency custody attorney.
We represent parents seeking emergency custody within the context of an existing divorce or custody case. These are situations where a sudden change in circumstances puts a child’s well-being at risk—such as when:
It’s important to note: we do not handle CHINS (Child in Need of Services) or DCS removals. Those cases typically involve child welfare agencies, require a 72-hour hearing, and are handled by court-appointed public defenders or specialized juvenile counsel.
If you’re in the middle of a divorce or already have a custody order in place, and you believe your child is in immediate danger, you may file a petition for a temporary emergency custody order. However, these orders:
Indiana Trial Rule 65(B) allows for temporary orders without notice only if:
Failure to follow these procedures could result in the court rejecting your petition and disciplinary consequences for improper conduct.
The Indiana Supreme Court has made clear that courts and attorneys must strictly follow procedural safeguards when seeking emergency custody orders. In In Re Anonymous,[1] a lawyer was privately reprimanded for obtaining an emergency custody order for a client without proper notice to opposing counsel and without certifying the reasons notice should be waived under Trial Rule 65(B).
The case involved a custody dispute between grandparents and natural parents. Although the attorney believed the child was in danger, he:
The Court emphasized that emergency custody motions, even when filed with good intentions, must respect due process and procedural fairness. The ruling underscores that:
“At the heart of our adversarial system of justice is the opportunity for both sides of a controversy to be fairly heard.”[2]
If you are considering an emergency motion, be aware that the court will scrutinize:
Emergency custody motions are appropriate when a child’s health, safety, or emotional development is at immediate risk. This could include:
In most cases, however, the court will not issue emergency orders unless there’s clear and convincing evidence of immediate harm. If the situation is serious but not urgent, a regular motion to modify custody or parenting time may be more appropriate.
Parents often confuse emergency custody orders with emergency motions to modify parenting time. Both can be urgent, but they involve different legal mechanisms.
An emergency motion to modify parenting time, governed by Indiana Code § 31-17-4-2, is typically filed when one parent attempts to change or restrict the other’s visitation in a way that threatens the child’s stability or emotional development. Courts may consider emergency parenting time motions if:
These motions must prove both that the change is in the child’s best interest and that there has been a significant and recent change in circumstances.
Need to know if your case qualifies for an emergency parenting modification? Our emergency custody lawyers can help you file and argue your motion efficiently. Call 812-944-8005 for a confidential consultation.
To succeed in court, an individual typically needs to provide detailed and credible evidence that demonstrates imminent harm. Examples include:
Emergency custody orders are rarely issued without strong documentation. We help our clients gather this evidence quickly and present it convincingly in court.
Indiana judges will consider several statutory factors under Indiana Code § 31-17-2-8, including:
If you’re seeking an emergency modification, you must show that a substantial change has occurred and that the change is in the child’s best interest.
Yes. The rules for emergency relief are complex—and courts expect strict compliance with filing procedures, evidence standards, and notification requirements. Missteps can harm your credibility or result in your motion being denied.
At Mattox & Wilson, we help parents:
Call 812-944-8005 to speak directly with an emergency custody attorney serving New Albany and Southern Indiana.
If your child has been taken by the Department of Child Services (DCS) and is part of a CHINS (Child in Need of Services) proceeding, we do not handle those cases. CHINS cases typically involve:
If this is your situation, the court will typically appoint an attorney to represent you, or you may wish to consult a firm that focuses on juvenile defense.
Emergency custody motions are not routine requests—they must be used responsibly and only when truly justified by urgent, documented concerns. As the Indiana Supreme Court made clear in In Re Anonymous, attorneys and courts alike have a duty to avoid unfair ex parte action and ensure every party has a voice before custody is disrupted.
At Mattox & Wilson, we handle emergency custody issues within the scope of divorce, parenting time modifications, and custody disputes. We act swiftly—but carefully—to help ensure your child’s safety and your rights are protected.
If you’re in the middle of a divorce or custody dispute and believe your child is at immediate risk, call us at 812-944-8005 to speak with an experienced Indiana emergency custody lawyer.
[1] In Re Anonymous, 729 N.E.2d 566 (Ind. 2000).
[2] Id at 569.