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The first step in obtaining guardianship entails filing a Petition with the Arkansas court and notifying the child's parents or current caretaker. If you are interested in gaining guardianship over a child, the first step is to file a Petition for the Appointment of a Guardian with the court.
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.
(a) (1) In any case in which there is probable cause to believe that immediate emergency custody is necessary to protect the health or physical well-being of the juvenile from immediate danger or to prevent the juvenile's removal from the state, the circuit court shall issue an ex parte order for emergency custody to ...
If you are granted a temporary custody order, vary in the length of time depending on the circumstances surrounding the case. Emergency orders can last for an indefinite time until they are modified by another order by the court.
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.