What Is an Emergency Custody Order?

An emergency custody order is a legal measure that allows a parent to seek immediate custody of a child if the child is in danger. Indiana courts issue these orders in cases where a child faces abuse, neglect, exposure to harmful environments, or an immediate safety risk.

To obtain emergency custody, a parent must file a motion with the court explaining why immediate intervention is necessary. Judges grant these orders only if the child’s well-being is at serious risk and will typically schedule a follow-up hearing to review the situation.

Example: The Hudson Case

One recent Indiana case, Cristobal v. Hudson, demonstrates how courts handle emergency custody requests.

The Situation

• A father filed for emergency custody of his daughter, alleging the mother violated a court order by allowing the child near a man with a criminal history.

• The mother admitted to visiting this individual’s home briefly but stated the child remained in the car.

• The court had to decide whether this one-time violation justified removing custody from the mother.

What the Court Considered

The court reviewed several key factors, including:

• Was the child in immediate danger?

• Was this a single incident or part of a pattern?

• Did the mother take steps to correct the situation?

• Would changing custody be in the child’s best interest?

What Laws Applied?

The court based its decision on Indiana Code § 31-14-13-2, which requires that:

1. A custody modification is in the child’s best interest; and

2. There has been a substantial change in circumstances that justifies the change.

Under this law, courts prioritize stability and do not grant emergency custody unless the child is facing an immediate and serious risk.

How the Law Was Applied

• The court acknowledged that the mother violated the no-contact order, but it was a single instance, not an ongoing danger.

• The child did not interact with the individual, and the mother later sought a protective order.

• The judge found that this incident alone did not meet the legal threshold for emergency custody.

• Final ruling: The request was denied, and custody remained with the mother.

What Should You Do in an Emergency Custody Situation?

If you believe your child is in danger and needs immediate protection, here’s what you should do:

1. Gather Strong Evidence

Courts require proof of immediate danger. This may include:

✔ Police reports
✔ Medical records showing harm or neglect
✔ Witness statements from teachers, neighbors, or family
✔ Text messages or emails proving threats

2. File a Motion for Emergency Custody

You must submit a formal motion to the court, explaining:

• Why the child is in immediate danger

• What evidence supports your claim

• What custody arrangement you are requesting

3. Be Prepared for a Hearing

A judge may:

• Issue a temporary emergency custody order (ex parte) – If the judge determines that the child is in immediate and severe danger, they may grant custody to the petitioning parent without notifying the other parent. This is typically done when notifying the other parent could place the child at greater risk (e.g., cases of domestic violence or imminent harm).

• Schedule a hearing where both parents present evidence – If the judge does not see an urgent, life-threatening danger, they will set a court date—often within a few days to weeks—for both parents to present their arguments. The court will then decide whether emergency custody should be granted.

4. Work with an Experienced Attorney

Emergency custody cases are complex, and mistakes can delay or jeopardize your case. A family law attorney can help you:

• Prepare a strong motion

• Gather convincing evidence

• Argue your case in court

Final Thoughts

Emergency custody orders are not granted lightly—courts require clear proof that a child is in immediate danger. Cristobal v. Hudson shows that even if a parent violates a court order, emergency custody won’t be granted unless there is a serious, ongoing risk.

✅ If you’re facing a child custody emergency in Indiana, contact Vining Legal at (317) 759-3225 or schedule a consultation for experienced legal guidance.

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