When an emergency custody order is granted in Georgia, families are thrust into a fast-paced legal process designed to protect children from immediate harm. At Hobson & Hobson, P.C., we understand how overwhelming this period can be. With over 30 years of combined experience in family law, our attorneys guide clients through every step, ensuring their rights and their children’s well-being remain the top priority.
Immediate Impact of an Emergency Custody Order
Once an emergency custody order is issued, it takes effect almost immediately — sometimes within hours. This swift action is essential in situations involving allegations of abuse, neglect, or any credible threat to a child’s safety. The court’s primary concern is the child’s immediate protection, and the order temporarily changes custody arrangements to remove the child from harm’s way.
If the order was granted via an ex parte hearing (meaning the other parent was not present), the absent parent must be formally served with the order, the petition, and notice of the upcoming full hearing. This ensures due process and gives both parties the opportunity to present their case.
Key Value for Families: Emergency custody orders are designed for genuine crises, not routine disagreements. The court acts quickly, but both parents retain the right to be heard.
What Happens Next? The Full Hearing
After the emergency order is granted, the next critical step is the full hearing. This hearing is typically scheduled within days or weeks, depending on the court’s calendar and the urgency of the situation. Both parents (or parties involved) are notified and given the opportunity to present evidence, testimony, and arguments regarding the child’s best interests.
At this hearing, the judge will:
- Review all evidence, including documentation, witness testimony, and reports from child welfare professionals.
- Decide whether to continue the emergency order as a temporary arrangement, modify the terms, or return custody to the original parent if the emergency is resolved or unsubstantiated.
- In some cases, if the dispute remains unresolved, the matter may proceed to a full trial for a permanent custody determination.
Professional Insight:
“Judges take these cases seriously and move fast when kids are at risk. Emergency orders are not for minor disagreements — they’re for genuine danger to your child.” — Georgia Family Law Expert
Timelines and Expectations
Emergency custody orders are inherently temporary. They usually last only until the full hearing can be held — often within a few weeks. This rapid timeline is intentional, ensuring that children are not left in potentially dangerous situations while also protecting the rights of both parents.
In certain situations, the Department of Family and Children Services (DFCS) may provide emergency care for up to seven days without a court order, but a court order is required for any longer-term custody changes (Georgia DFCS).
What to Expect:
- The process is emotionally intense and moves quickly.
- Both parents have the right to legal representation and to present their side at the full hearing.
- Child welfare agencies may become involved, especially if there are allegations of abuse or neglect, or if third parties (such as relatives) are seeking custody.
Parental Rights and Court Procedures
During the post emergency custody order process, both parents retain fundamental rights:
- Right to Notice: Both parties must be informed of the emergency order and the upcoming hearing.
- Right to Be Heard: Each parent can present evidence, call witnesses, and cross-examine the other party’s evidence.
- Right to Legal Representation: Having an experienced family law attorney is crucial, as the legal standards and procedures are complex and vary by county.
The court’s decision at the full hearing is based on the child’s best interests, guided by Georgia’s family law statutes and local Superior Court rules (Georgia Code Title 19). The judge requires clear evidence of immediate danger; minor parenting disagreements do not meet the threshold for emergency intervention.
Documentation and Preparation
Success in the post emergency custody order process often hinges on the quality of documentation provided. Essential evidence may include:
- Photographs of injuries or unsafe conditions
- Medical records or reports
- Police reports or incident logs
- Statements from teachers, doctors, or other professionals
At Hobson & Hobson, we leverage advanced technology to help clients organize and present their evidence efficiently, ensuring nothing is overlooked during this critical period.
Long-Term Outcomes and Next Steps
After the full hearing, the judge may:
- Continue the temporary custody arrangement
- Modify the terms based on new evidence
- Return custody to the original parent if the emergency is resolved
If the dispute remains unresolved, the case may move to a full trial for a permanent custody determination. Throughout this process, our attorneys provide ongoing guidance, balancing empathy with aggressive advocacy when necessary.
For families in Atlanta and surrounding areas, understanding the post emergency custody order process is essential for protecting both parental rights and the well-being of children.
Why Choose Hobson & Hobson?
- Over 30 years of combined experience in complex divorce and custody cases
- Special litigation training for efficient, effective outcomes
- Client-centric approach that balances empathy with assertive advocacy
- Five convenient office locations across Atlanta, Canton, Marietta, Alpharetta, Milton, and Roswell
- Commitment to innovation, leveraging technology for seamless legal solutions
We offer initial consultations to discuss your case and help you make the best legal decisions during challenging times. Learn more about our services at thehobsonlawfirm.com.
Frequently Asked Questions
How long does an emergency custody order last in Georgia?
Emergency custody orders are temporary, typically lasting only until a full hearing can be held — usually within a few weeks.
What evidence is needed for a post emergency custody order hearing?
Strong documentation is essential: medical records, police reports, photographs, and statements from professionals can all support your case.
Can the other parent contest the emergency order?
Yes. The other parent has the right to be notified, attend the full hearing, and present their side of the story.
What if DFCS is involved?
DFCS may provide emergency care for up to seven days without a court order, but longer-term custody changes require judicial approval. Their involvement often means additional reports or investigations will be considered by the court.
Should I hire an attorney for a post emergency custody order case?
Absolutely. The legal standards and procedures are complex, and experienced representation is critical for protecting your rights and your child’s safety.
Additional Resources
- Georgia Department of Family and Children Services
- Georgia Legal Aid: Child Custody
- Georgia Code Title 19 – Domestic Relations
- National Center for State Courts: Child Custody Resources
For more information or to schedule a consultation, visit thehobsonlawfirm.com. At Hobson & Hobson, we are committed to guiding you through every stage of the post emergency custody order process with professionalism, innovation, and unwavering support.
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.
