Emergency Custody in Texas: Immediate Legal Protection for Your Child

Emergency Custody Lawyer in Texas – Immediate Action When Your Child Is at Risk

When your child’s safety is in jeopardy, there’s no time to wait. In Texas, emergency custody orders—also known as temporary restraining orders or emergency temporary orders—allow you to act quickly to protect your child from immediate harm. At the Law Office of Bryan Fagan, PLLC, we help concerned parents take swift legal action to secure emergency custody and ensure their child’s well-being.

Whether you’re dealing with abuse, neglect, drug exposure, or other dangerous situations, our legal team is ready to advocate for your child’s safety through the Texas courts.

What Is Emergency Custody in Texas?

Emergency custody is a legal tool used to temporarily modify or establish custody (conservatorship) when a child faces immediate danger. This type of court order may be issued without the other parent present (ex parte) if the judge determines that urgent intervention is necessary.

Emergency custody can address:

• Physical or sexual abuse
  
• Neglect or abandonment
  
• Exposure to drugs, alcohol, or unsafe environments
  
• Parental mental health crises
  
• Criminal activity in the home
  
• Immediate risk of abduction
  

These orders are designed to be temporary but can serve as the foundation for longer-term custody arrangements through a formal hearing.

When Can You File for Emergency Custody?

You may request an emergency custody order when you have strong, credible evidence that your child is in danger. The court will require proof that:

• There is a clear and present danger to the child’s physical health or emotional well-being, or
  
• The child has been the victim of family violence or is at immediate risk
  

Parents, legal guardians, or even certain relatives may be eligible to file, depending on the circumstances. Our team can help determine if you meet the criteria and how to build a strong case for emergency custody.

The Emergency Custody Process in Texas

1. Filing the Petition: We help you prepare and file a legal request with the appropriate family court.
   
2. Temporary Restraining Order (TRO): A judge may issue a TRO immediately to restrict certain actions, such as removing the child from school or the state.
   
3. Ex Parte Hearing: If warranted, the judge may issue an emergency order without notifying the other parent.
   
4. Formal Hearing: A follow-up hearing will be scheduled, giving both parents a chance to present their case. At this stage, the court will decide whether to extend or modify the emergency order.
   

Every emergency custody case is unique, and timing is critical. Our attorneys work urgently to file documents, present evidence, and appear in court on your behalf.

What Happens After Emergency Custody Is Granted?

Once the court grants emergency custody, the order will remain in place until a full hearing can be held—usually within 14 days. At that time, the judge will review the facts and decide whether a more permanent custody arrangement is appropriate.

During this period, we help gather and present the evidence needed to demonstrate that maintaining custody is in your child’s best interest.

Why Choose the Law Office of Bryan Fagan, PLLC?

• Focused on Family Law: Our practice is exclusively dedicated to family matters, including urgent custody situations.
  
• Fast, Strategic Action: We’re equipped to act quickly and efficiently when your child’s safety is on the line.
  
• Courtroom Experience: We’ve handled emergency custody cases throughout Texas and understand what judges need to see.
  
• Compassionate Representation: We treat your case with the urgency and care it deserves while protecting your parental rights.
  
• Resources to Support You: Our site offers helpful eBooks and webinars to guide parents through the legal process.
  

Speak with an Emergency Custody Attorney Today

If your child is in danger, don’t wait. The legal system provides tools to protect your family—let us help you use them. Contact the Law Office of Bryan Fagan, PLLC to schedule a free consultation and take immediate steps to secure emergency custody.

📍 Schedule a Free Consultation
📞 Call: 281-810-9760
📍 3707 Cypress Creek Parkway, Suite 400, Houston, TX 77068