How to Get Emergency Temporary Custody of Your Kids in Maryland

As a parent, your child’s safety is the most important thing to you. You need to act quickly if you’re dealing with abuse, neglect, or domestic violence. You also need to understand how emergency temporary custody works in Maryland.

This article will tell you what emergency custody is, when it applies, and how to start the legal process to protect your child right away.

What does emergency temporary custody mean?

Emergency temporary custody is a short-term legal order granted by a judge that gives one parent (or guardian) immediate custody of a child. In urgent cases, this may happen without notifying the other parent (ex parte), but only if notifying them would put the child or petitioner at greater risk.

If there isn’t already a custody order in place, you can ask for emergency custody as part of a larger family law case or on its own. These orders are just temporary, usually only lasting until a formal hearing can be set up.

When may you ask for emergency custody in Maryland?

Emergency custody is not for routine family fights or debates about how to raise your kids. Courts only grant these requests where there is clear proof that a child is in danger right away.

You might be able to seek emergency custody if your child is facing:

• Abuse or neglect
• Domestic violence
• Sexual assault or threats of sexual abuse
• Drug or alcohol use that puts the child in danger
• Kidnapping or threats of kidnapping by a parent
• Mental health problems that make the other parent unfit
• Being around harmful or unlawful activities

Not sure whether your circumstance fits? It’s always advisable to talk to an experienced child custody lawyer. They can help you figure out whether you have enough proof to go on.

What proof do you need?

It’s hard to prove that you need emergency temporary custody. You will need to show the court that your child’s safety or health is in danger right now. That usually means providing specific, credible evidence, like the following:

• Reports of crimes or police incidents
• Medical documents that show abuse or neglect
• Pictures or videos showing injuries or living situations that are dangerous
• Texts, emails, or voicemails that show threats or admissions
• Statements from instructors, doctors, family members, or neighbors who saw what happened
• There are already protective orders in place

The idea is to demonstrate to the judge that there’s a real and urgent threat that needs to be dealt with right away.

How do you file?

The temporary emergency custody process goes quickly but it’s important to follow the procedure accurately. Here’s what usually happens:

1. Ask for immediate help in writing

You will first need to file a motion for emergency custody, sometimes called an “emergency petition” or “petition for emergency relief.” You can file this in the Maryland Circuit Court in the county where the child lives right now.

Your motion may need to contain a full custody complaint if you don’t currently have a custody case pending.

2. Give an affidavit or sworn statement

You’ll need to write a declaration (called an affidavit) that explains the emergency and why you think your child is at risk. Keep everything accurate. Exaggerations or missing information could weaken your case.

3. Request an ex parte hearing if you need one

You may be able to seek an ex parte hearing in some situations. That means the judge hears your side without telling the other parent first. This only happens in very serious cases where letting the other parent know might put the child (or you) in greater danger.

4. Attend an emergency hearing

The court may schedule your hearing within 24 to 48 hours. You will provide your evidence, answer questions, and explain why you need immediate custody.

If the judge agrees, you’ll get a temporary custody order giving you legal authority to care for your child, at least until the full hearing.

5. Get ready for the follow-up hearing

Emergency custody orders are short-term. Within days or weeks, the court will schedule a more thorough hearing where both parents can present their sides. This is your chance to request a longer-term custody arrangement that prioritizes your child’s safety.

What happens after you get emergency custody?

If the judge grants your emergency petition, you’ll receive a court order confirming that you now have temporary custody. That means:

• You have the legal right to make decisions for your child.
• You can protect your child from the unsafe environment they were in.
• The other parent may be restricted from contact until further notice.

In some cases, the court may allow limited, supervised visitation while the full hearing is pending. In others, contact may be completely cut off until the next court date.

However, remember that emergency custody is just the beginning. You’ll need to work with your attorney to prepare for the next steps, including gathering additional evidence, possibly undergoing evaluations, and proposing a safe, stable long-term plan for your child.

What if you’ve been accused?

Sometimes, a parent is on the receiving end of an emergency custody petition. If this happens to you, take it seriously, even if you believe the allegations are false.

A judge has already found enough merit in the petition to take action, and now you need to respond quickly and carefully. Your best next step is to contact a child custody lawyer immediately. They can help you:

• Understand the claims being made against you
• Gather evidence that supports your side
• Advocate for your parental rights in court
• Request modifications or defend against restrictions

False or exaggerated accusations do happen, especially in high-conflict custody battles. However, with the right legal strategy, you can protect your relationship with your child and make sure the truth comes out.

How our child custody lawyers can help

Emergency custody cases move fast. You’re worried about your child’s safety, you’re facing a legal system that can feel overwhelming, and you need answers now.

At McCabe Russell, we specialize in high-stakes family law cases. Our team knows how to:

• Move quickly to file emergency petitions
• Present compelling evidence that meets the court’s standards
• Navigate complex custody dynamics with empathy and focus
• Protect your rights and your child’s best interests every step of the way

Whether you’re facing a crisis or trying to prevent one, we’re here to guide you with compassion and clarity.

You’re not alone

Making the decision to seek emergency custody isn’t easy, but if your child’s well-being is on the line, it might be the most loving step you can take.

You don’t have to do this alone. With the right legal team behind you, you can act swiftly, protect your child, and begin building a safer, more stable future.

If you believe your child is in danger or at risk of harm, contact our team at McCabe Russell. Our child custody lawyers are ready to help.