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You may hear this referred to as ex parte, which means that it is in the interest of one side only or of an interested outside party. If the judge doesn't deem that there is enough evidence to warrant the emergency custody, then he or she will choose to deny the motion.
GUARDIANSHIPS MUST BE COURT ORDERED BY A JUDGE If there is a fear that the child will be harmed while in the parents' care or if a guardianship is needed immediately to get the child medical care or enroll them in school, then papers may be filed asking the judge to grant emergency custody.
Grandparents have the right to petition the court for custody of a child whenever any of the following occurs: a grandchild lives with a grandparent for at least six months before the child's first birthday, or at least one year if the child is older than 12 months.
In Arkansas, a father can get emergency custody by proving to the court that their child's health, safety, or well-being is in immediate danger. If they have enough evidence that the child's safety and welfare are at immediate risk, the court will grant an emergency custody order.
This is done by filing a Petition for Temporary Guardianship. The court will then hold an immediate hearing and decide whether the child should be placed with the interested party until a final decision can be made at a trial. This will ensure that the child is safe until the trial concludes.