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(a) A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
Emergency custody orders are initially temporary. When you file for such an order, you go before a judge typically on the same day you file it without the other parent's presence. If the judge grants the emergency order on that day, it will last only until the next court date.
In Idaho, several court rules and statutes govern temporary custody orders. In particular, Idaho Rule of Famly Law Procedure 504 and Idaho Code § 32-717. Generally, a parent obtains a temporary custody order when they file the motion for temporary orders and the affidavits in support of the request.
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.
Whether you are able to file for emergency custody will depend on the facts and circumstances of your particular matter; rarely this can be obtained on an emergency, ex parte basis. Most of the time the court will set an emergency hearing and require your counsel to get personal service on the other parent.