Emergency Custody During Divorce
Ex Parte Custody in Alabama
What is Emergency (Ex Parte) Custody?
If you are going through a divorce and need immediate custody of your child due to an emergency, you may be able to get temporary custody without notifying the other parent first.
This is called Ex Parte Custody and is only granted in serious situations, such as:
If the child is in danger of physical or emotional harm
If the other parent is abusing drugs or alcohol around the child
If the other parent has threatened to take the child and disappear
If the child is being neglected or mistreated
If this applies to you, follow these steps to file for emergency custody during your divorce:
Steps to Apply for Emergency Custody
✅ Step 1: Fill Out the Form
Complete our Emergency Custody Form online. This helps us understand your case. When you’re done, text us at 256-399-9466 or email samueldanibone@gmail.com to let us know.
✅ Step 2: Watch the Video
We made a short video explaining the process of getting emergency custody. Please watch it before moving forward.
✅ Step 3: Give Specific Details
Clearly explain why you need emergency custody. Important details include:
When and where the emergency happened
What the other parent did to put the child at risk
Any past incidents of abuse, neglect, or threats
Police reports, CPS reports, or other official complaints
The more details you provide, the stronger your case will be.
✅ Step 4: Be Ready for Court Fees
Emergency custody filings require a court fee, which varies by county. We will let you know the exact amount once we review your case.
✅ Step 5: Send Any Extra Evidence
You may need to provide screenshots, emails, police reports, medical records, or witness statements. Send them to samueldanibone@gmail.com or text them to 256-399-9466.
✅ Step 6: Review & Sign Your Forms
Once we prepare your documents, you will need to review and sign them before we can file them in court.
✅ Step 7: Filing & Notifying the Other Parent
We will file your case with the court. If the judge grants emergency custody, we will notify the other parent as required by law.
✅ Step 8: Court Hearing
The judge will schedule a hearing within 10-14 days to review your case. You must attend and explain why emergency custody should continue. We will help you prepare for this hearing.
Important Reminders
📌 Stay in Touch – Call or email us if you have questions.
📌 Be Available – Check your messages and sign paperwork quickly to avoid delays.
📌 Provide Clear Evidence – The judge will require proof of why emergency custody is necessary.
📞 Need Help? Call or text 256-399-9466 or email samueldanibone@gmail.com anytime!
Legal Basis for Emergency Custody in Divorce Cases
Rule 65 of the Alabama Rules of Civil Procedure
Under Rule 65(b) of the Alabama Rules of Civil Procedure, a Temporary Restraining Order (TRO) for custody may be granted without prior notice to the other parent if:
The parent requesting emergency custody provides specific facts in an affidavit or verified complaint showing that immediate and irreparable injury, loss, or damage will happen before the court can hear the case.
The attorney must provide a written certification explaining what efforts (if any) were made to notify the other parent and why notice should not be required.
The court may grant emergency custody if:
The facts prove the child is in immediate danger
There is a serious risk of harm if custody is not immediately changed
There is no other way to protect the child before a full hearing
What Happens After an Ex Parte Custody Order is Issued?
According to Rule 65(b)(2), an ex parte emergency custody order is temporary and:
Can only last up to 10 days, unless extended by the court
A formal hearing must be scheduled within this time, where the other parent can respond
The burden of proof is on the parent who requested emergency custody to show why it should continue
Key Legal Factors the Judge Will Consider:
✔ Risk of physical or emotional harm – Has the child been abused, neglected, or put in a dangerous situation?
✔ Substance abuse or criminal activity – Is the other parent using drugs, drinking excessively, or engaging in illegal activity?
✔ Risk of abduction – Has the other parent threatened to take the child and refuse to return them?
✔ Prior violations of court orders – Has the other parent refused to follow previous custody agreements?
✔ Evidence supporting the claim – Are there police reports, medical records, or other proof to back up the emergency custody request?
What if the Judge Denies Emergency Custody?
If the judge does not find immediate and irreparable harm, they may:
Deny the request, but set a standard custody hearing
Order a temporary parenting plan while waiting for a full custody decision
Refer the case to mediation or child protective services for further investigation
Can the Other Parent Fight the Emergency Custody Order?
Yes. If the judge grants ex parte custody, the other parent must be notified immediately and has the right to:
Request an emergency hearing to challenge the order
Present their side of the case at the formal custody hearing
Provide evidence that the claims of harm or danger are false
If the judge finds that the request for emergency custody was made in bad faith or with false claims, the parent who filed may face sanctions or legal consequences.
Conclusion
Ex parte emergency custody is a powerful but temporary solution meant only for true emergencies. Courts do not grant these requests lightly. It is important to provide strong, clear evidence that immediate action is needed to protect the child.
If you have legal questions, we are here to guide you through the process and prepare you for your hearing.
