When families face difficult situations, grandparents often step in to provide care for their grandchildren. Making it through the legal process to obtain emergency custody can be challenging. However, understanding the steps involved can make coming to informed decisions easier.
Emergency custody: when it’s necessary
Emergency custody may be necessary when a grandchild is in immediate danger due to neglect, abuse, or other unsafe conditions. Mississippi and Tennessee laws allow relatives to have priority when it comes to placement over foster care in emergency custody situations, as long as the state deems this placement to be within the child’s best interest. Courts prioritize children and consider the urgency of the circumstances they’re in when reviewing the petition.
Initiating the process: filing a petition
To strengthen their case, grandparents should collect any evidence that shows the child is in danger. This can include photographs, medical records, or testimonies from witnesses. From there, grandparents must file a petition for emergency custody with the court, clearly stating the reasons for seeking emergency custody and presenting the gathered evidence.
After receiving the petition, the court may issue a temporary custody order if it finds evidence of an emergency. This order grants the grandparents custody of the child until the date of the full hearing.
Overcoming challenges ahead
Despite the difficulties associated with emergency custody cases, grandparents can take comfort in knowing that the goal of the court system is to ensure that children are living in a stable environment where they’re safe and well cared for.
