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Commonly Used Grounds for Emergency Child Custody in Utah Child Abuse: Abuse of a child is never acceptable and is a common reason for an emergency custody change. Drug Addiction: A parent that is addicted to drugs or alcohol may not be able to provide proper care to a child.
Prepare the necessary documents: To request an emergency custody order, you must file a sworn affidavit with the court detailing the specific facts and circumstances that demonstrate the immediate danger to the child. Additionally, you need to complete a Petition for Temporary Restraining Order and a Proposed Order.
Under North Carolina General Statute §50-13.5(d)(3), there are only three grounds for obtaining emergency custody: The child is at risk of immediate physical harm; There's a substantial risk of sexual abuse; or. The child may be abducted or removed from North Carolina to evade the court process.
If you find yourself in a situation where the other parent is putting your children at risk, in UTAH you can seek emergency custody through either a Temporary Restraining Order (T.R.O.) or a Child Protective Order (C.P.O.).
Complete your county's Motion for Emergency Custody, then write a statement detailing your emergency situation and have it notarized. File the paperwork with your clerk of court, and you'll typically have an emergency hearing within 24 hours.