When facing a family crisis, the safety and well-being of your child is paramount — especially if you are considering an out of state move and emergency custody is on your mind. At Hobson & Hobson, P.C., we understand the urgency and complexity of these situations. With over 30 years of combined experience in Georgia family law, we are committed to guiding you through every step, leveraging advanced technology and a client-focused approach to achieve the best possible outcome.
Understanding Emergency Custody and Out-of-State Moves
Emergency custody is a legal tool designed to protect children who are in immediate danger. However, when an out of state move is involved, the process becomes significantly more complex due to jurisdictional rules and interstate legal frameworks.
The Legal Framework: UCCJEA and Georgia Law
Georgia follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines which state has the authority to make and enforce child custody decisions. The child’s “home state” — where they have lived for the past six months — usually has primary jurisdiction. If you are planning to move out of state, or have already moved, Georgia may lose jurisdiction unless specific exceptions apply.
Key Statutes:
- O.C.G.A. § 19-9-64(a): Allows Georgia courts to exercise temporary emergency jurisdiction if a child is present in Georgia and needs protection from abuse or mistreatment.
- O.C.G.A. § 15-11-26: Outlines the best interests of the child as the guiding principle in all custody decisions.
For more on the UCCJEA, see the National Conference of State Legislatures.
Can You Get Emergency Custody If Moving Out of State?
Yes, but with important limitations. If your child is in immediate danger, you can seek emergency custody in the state where the child is physically present. However, the order is typically temporary and may be superseded by the home state’s court.
Requirements for Emergency Custody
- Immediate Danger: You must provide compelling evidence — such as police reports, medical records, or affidavits — that your child faces imminent harm.
- Best Interests of the Child: The court will always prioritize the child’s welfare.
- Jurisdiction: If no prior custody order exists and no action is pending in the home state, Georgia’s emergency order can remain until the home state acts or Georgia becomes the home state.
The Legal Process
- File for Emergency Custody: Submit a petition in the state where the child is present, detailing the emergency and providing supporting evidence.
- Notification and Coordination: Courts in different states may need to communicate to determine the best forum for the case.
- Temporary Orders: Emergency custody orders are short-term solutions until a full hearing can be held in the appropriate jurisdiction.
For more on the legal process, visit Georgia Legal Aid.
Challenges of Out of State Move Emergency Custody
Jurisdictional Disputes
If you move out of state before filing for emergency custody, the new state may not have jurisdiction unless the child has lived there for at least six months or there is a clear emergency. This can lead to complex legal battles between states.
Enforcement Across State Lines
The UCCJEA requires states to honor and enforce valid custody orders from other states, but practical enforcement often involves coordination between courts and law enforcement agencies. This process can be time-consuming and stressful for parents.
Proving Immediate Danger
Courts require substantial, credible evidence to grant emergency custody. The burden of proof is high, and unsupported allegations are unlikely to succeed.
For more on enforcement, see the U.S. Department of Justice’s guidance.
Best Practices for Parents Considering an Out of State Move Emergency Custody
Consult an Experienced Attorney
Interstate custody cases are among the most complex in family law. Our attorneys at Hobson & Hobson are specially trained in litigation and stay current with evolving statutes and technology to ensure your case is handled efficiently and effectively.
Gather Strong Evidence
Collect all relevant documentation — medical records, police reports, witness statements — before filing for emergency custody. This preparation is crucial for success.
Act Quickly
If your child is in danger, do not delay. Contact law enforcement or child protective services immediately, and seek legal counsel as soon as possible.
Coordinate with Authorities
Work with child welfare agencies and law enforcement in both states to ensure your child’s safety and the proper enforcement of court orders.
Understand the Limits of Emergency Orders
Emergency custody is temporary. Be prepared for further hearings and potential jurisdictional challenges as your case progresses.
For more on child welfare resources, visit the Georgia Division of Family & Children Services.
Unique Insights and Professional Advice
“If you are a Georgia resident and dealing with a UCCJEA battle over the proper ‘Home State’ in a custody fight, your options are either to concede and try your custody case in another state… or enter a limited appearance in the other state and move the other state to stay its custody proceedings in favor of Georgia.” — Georgia Family Law Expert
Practical Tip: Establish relationships with child welfare agencies in both states for ongoing support and monitoring, especially if you anticipate future enforcement issues.
Recent Developments
The UCCJEA remains the primary framework for resolving interstate custody disputes. Georgia courts regularly coordinate with other states to protect children in emergency situations, ensuring that the child’s best interests are always at the forefront.
Why Choose Hobson & Hobson for Your Emergency Custody Case?
- Over 30 Years of Combined Experience: Our attorneys have a proven track record in complex custody and divorce cases.
- Special Litigation Training: We provide efficient, effective outcomes, even in high-conflict situations.
- Client-Centric Approach: We balance empathy with aggressive advocacy, always focusing on your rights and your child’s well-being.
- Innovative Technology: We leverage the latest tools to streamline your case and keep you informed every step of the way.
- Convenient Locations: With offices in Atlanta, Canton, Marietta, Alpharetta, Milton, and Roswell, we are accessible when you need us most.
Learn more about our services at Hobson & Hobson, P.C..
FAQ: Out of State Move Emergency Custody in Georgia
Q: Can I file for emergency custody in Georgia if I’ve already moved out of state? A: You may file if the child is present in Georgia and in immediate danger. However, if the child has lived in another state for six months, that state may have jurisdiction.
Q: What evidence do I need for emergency custody? A: Courts require strong evidence of immediate danger, such as police reports, medical records, or witness affidavits.
Q: How long does an emergency custody order last? A: Emergency orders are temporary and last until a full hearing can be held in the appropriate jurisdiction.
Q: What if there is already a custody order in another state? A: Georgia courts will coordinate with the other state under the UCCJEA to determine the best forum for the case.
Q: Can I move with my child before getting a custody order? A: Moving without a court order can complicate your case and may be viewed unfavorably by the court. Always consult an attorney first.
Additional Resources
- Georgia Child Custody Laws
- Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
- Georgia Division of Family & Children Services
- U.S. Department of Justice: Child Custody
- Hobson & Hobson, P.C.
If you are facing an out of state move emergency custody situation, contact us today for a confidential consultation. At Hobson & Hobson, P.C., we are dedicated to protecting your parental rights and your child’s future.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
