What Qualifies as Emergency Custody?

Children depend upon their parents for their daily care and for guidance, shelter, food, and an education. When circumstances arise in which parents are unable or unwilling to provide these things for a child, a court may consider removing the child from home and giving someone else emergency custody. Although the most common reason why emergency custody is granted is child abandonment by the parents, other reasons may include imminent danger to the child from an abusive parent, neglect of the child, or the arrest or incarceration of a parent. Emergency custody may also be granted to someone if a parent is about to transport the child out of state illegally. An experienced Tennessee family law attorney can provide information and support to anyone who is considering asking for emergency custody of a child.

Where Does the Child Go?

When a child is taken into emergency custody, he or she will go to a pre-named emergency guardian, to a foster home, to the police station, or to a medical facility, depending upon the circumstances. In general, courts lean toward keeping a child in the home as much as possible or with people who are familiar to them. One parent of the child may get emergency custody of a child if the other parent had custody but was not meeting parental responsibilities or was putting the child in danger. A child may also go to stay with a temporary legal guardian if a situation is anticipated in advance in which the parents will not be able to care for the child, such as in the case of a single parent who is called to military service.

Call to Schedule a Consultation With a Tennessee Family Law Attorney Today

When you are a parent of a child who is in danger due to another parent who is neglectful or unfit, you may need to file for emergency custody.  A grandparent or other relative may also need to do this if both of the parents become unfit. The experienced professionals at the Integrity Law Firm, PLLC, can give you all the information and assistance you need to start this process so that your child can be kept safe.  We serve the cities of Chattanooga, Cleveland, Soddy Daisy, Collegedale, and surrounding Tennessee communities. You can view our web page at or reach us by phone at 423-498-5001. Call us and let our compassionate staff answer any questions you may have.

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The Integrity Law Firm, PLLC

The Integrity Law Firm provides knowledgeable, experienced legal counsel to people in the Chattanooga area. With a focus on family, criminal, and traffic law, our team works diligently on your behalf to help you obtain the legal results you are seeking.

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