This is the next post in our series on emergency child custody cases in Dayton, Ohio. The last article provided an overview of all the topics that this series will be addressing. We also stressed the importance of immediately contacting a lawyer if you believe that your daughter or son is in danger. The longer it takes the matter to get to a Judge, the less likely it is that the Court will find that the situation requires immediate attention. In this article, we will discuss the types of situations which a Judge may, or may not, find to be an emergency. If you require assistance, please contact our office today to speak with an attorney.
Dayton child custody will generally be considered an emergency if one’s son or daughter is in danger
Courts will generally consider one’s situation to be an emergency when a child is facing imminent or potential danger. This danger can either affect the physical well-being of the child or their mental well being. Examples of situations in which the physical or mental well-being of the child is in danger may include physical abuse, a parent abusing drugs, or a parent engaging in criminal activity. Cases involving extreme neglect may also be considered an emergency. An example of such neglect would be if a parent were to leave a small child, who was incapable of caring for themselves, home alone. The more dangerous the situation that the child is in, the more likely it is that the Judge will be concerned. How the Court will rule in any given situation, however, is always going to depend on the specific facts of the case.
A simple disagreement between parents, that is blown out of proportion, typically will not constitute an emergency in the eyes of a Judge. For instance, if one parent has a strict homework policy, and the other parent does not, a Court will not find that this is an emergency because of the lack of danger to the child. While a Court may find that a parent allowing a child not to do their homework is bad parenting, that is not a case for an emergency custody change. It may, however, be a basis to request a change of child custody.
Dayton parents should avoid “self-help” when they believe their child is in danger
Additionally, a parent should refrain from engaging in “self-help” when they believe their son or daughter may be in danger. Self-help occurs when a parent takes matters into their own hands and ignores the existing child custody order. While a parent might consider the situation an emergency and want to take matters into their own hands, doing so will most likely have a negative impact on their case and overall situation. The appropriate course of action is to contact an attorney to deal with the situation or, if your child is in imminent physical danger, to contact law enforcement. Violating a Court’s order without justification may cause a Judge to view the violation as a frustration of the other parent’s relationship with the child. This frustration of the other parent’s relationship can give that parent grounds to request a custody modification. Instead of taking matters into your own hands, it is strongly advised that you speak with an attorney.
Should you believe that you daughter or son is in danger, contact our Dayton child custody lawyers immediately. We will help you to determine if your situation constitutes an emergency and to begin the process of protecting your child. If necessary, we will request an expedited hearing before the Court. We also offer services to parents in Beavercreek, Centerville, Clayton, Eaton, Englewood, Fairborn, Franklin, Harrison Township, Huber Heights, Kettering, Oakwood, Lebanon, Miami Township, Miamisburg, Piqua, Riverside, Springboro, Springfield, Tipp City, Trotwood, Troy, Vandalia, Waynesville, Washington Township, West Carrollton, Yellow Springs, and Xenia.
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