For some parents, co-parenting comes with the terrible reality that the person a child needs protection from is the other parent. When a parent is engaged in actions that endanger your child having changes made to parenting time and the child custody arrangement is crucial.
What Can I Do?
Protecting children and their right to be safe and free from abuse is the court’s “primary concern”. In cases where children are involved, the court aims to ensure that they have regular and ongoing contact with both parents. However, this should be done in a way that prioritizes the health, safety, and well-being of the child and all family members. If your child is facing immediate safety concerns, you have the right to request an emergency custody hearing. The court is empowered to take any necessary temporary measures to protect the child, including granting emergency temporary sole custody, issuing restraining orders, and arranging for supervised visitation as needed. Additionally, the court has the authority to initiate a child services investigation when necessary.
What Constitutes Child Endangerment in California?
The following situations are some examples of which you should take action to protect your child from danger:
- When a parent is experiencing a severe mental health issue that has led to their incapacity to care for the child. This may include situations where the parent threatens to harm the child or themselves.
- If your child is subject to physical, emotional, or sexual abuse in the other parent’s care. It is crucial to take immediate action if you have reason to believe that your child is being harmed in any way.
- If a parent is attempting to abduct the child.
- If your child’s basic needs are not being met. This includes situations where the child’s essential needs such as food, shelter, clothing, and medical care are not being adequately provided for.
- If your child is endangered by criminal activity going on in the home.
- If your child is being exposed to illicit drug use or excessive alcohol use, and other dangerous substances.
There are many more circumstances that may be considered emergencies. Being aware of these situations is crucial for ensuring the safety and well-being of your child. If you suspect any of these scenarios or others like it, it’s essential to seek appropriate assistance from a child custody lawyer and take the necessary steps to protect your child from harm. Typically, if a child is at risk of mental, physical, emotional, or sexual abuse and/or neglect, the court can issue emergency orders to safeguard the child.
Contact an Attorney
When dealing with child custody and divorce disputes, the challenges can be especially tough. In emergency situations where your child’s safety is at risk, you may feel as though your options are limited. It is crucial to reach out to a legal expert as soon as possible when immediate safety concerns arise. Specifically, a child custody attorney can provide crucial help. At the Law Office of Darshann Wienick, we are dedicated to safeguarding our clients and their children. Our expertise in psychology, law, and family court equips us to assist you in navigating this complex legal matter. If any of the concerns mentioned in this article resonate with you, please don’t hesitate to contact us.
