Texas Emergency Custody Order Laws

• An emergency order is a type of temporary order for the safety and welfare of a child. It changes who has the child right now, before the case is fully decided.
  • Grant one parent or a guardian temporary custody of the child.
  • Order a parent to stay away from or return the child.
  • Prohibit either parent from removing the child from a set geographic area.
  • Restrain a parent from disturbing the peace of the child.

  An emergency order cannot stand on its own. It must be filed as part of a broader child custody case, a modification, or an enforcement case. The emergency order simply protects the child while that larger case moves forward.

  When a Court Will Grant Emergency Custody

  The bar is high, and for good reason. You generally must show, in a sworn affidavit, that the child faces immediate and irreparable harm.

  • Physical, sexual, or serious emotional abuse of the child.
  • Neglect that threatens the child’s health or safety.
  • A parent’s substance abuse that endangers the child.
  • A credible threat that a parent will flee Texas with the child.

  Everyday disputes about schedules, discipline, or parenting style do not meet this bar. A judge needs specific facts showing the danger is real and cannot wait.

  Orders With and Without Notice

  Some emergency orders can be granted without first notifying the other parent, called an ex parte order. These are reserved for the most urgent situations and require a sworn affidavit of specific facts.

  There is an important limit. An order that takes a child from a parent or cuts off a parent’s access usually requires a verified pleading and, in most cases, notice and a hearing.

  How Long an Emergency Order Lasts

  A temporary restraining order in a custody case is short by design. It lasts up to 14 days and then expires unless the court extends it. ^[2]

  A judge can extend it once for up to another 14 days for good cause. Before it expires, the court holds a hearing where both sides appear and the judge decides on longer temporary orders. A permanent change later follows the child custody modification process.

  How to Request an Emergency Custody Order

  Speed and proof matter more here than in almost any other family law filing. The process is manageable when you know each step.

  1. Gather your evidence. Collect specific facts, dates, messages, photos, or reports that show the immediate danger.
  2. File the underlying case and the request. You file a custody suit, modification, or enforcement, along with a motion and a sworn affidavit.
  3. Ask the judge to sign the order. The judge reviews the affidavit and may sign a temporary order the same day in a true emergency.
  4. Serve the other parent. The order takes effect against the other parent once they are properly served.
  5. Attend the temporary orders hearing. Within days, both sides present evidence and the judge sets temporary orders for the rest of the case.

  Enforcing and Challenging the Order

  Once served, an emergency order is binding, and violating it can be punished by contempt of court. Contempt can mean fines, jail, or both.

  The other parent is not without options. They can ask the court to modify or dissolve the order on short notice, and the court must hear that request promptly.

  At the hearing, a judge can also order supervised visitation so a parent keeps contact under safe conditions. These cases are often high-conflict custody matters that need careful handling.

  Emergency Custody Order Versus Protective Order

  These two tools are often confused, and the difference matters for your safety. An emergency custody order decides where a child stays during a case. A protective order is aimed at stopping family violence and can order an abuser to stay away entirely.

  If you or your child are in immediate danger, call 911. For family violence support, the National Domestic Violence Hotline is available 24/7 at 800-799-7233. A protective order may be the more appropriate tool, and the two orders can work together.

Michael Ireland & Associates represents Texas parents and guardians in urgent custody matters, from filing an emergency request to defending against one. An emergency order is not just paperwork: you have to prove immediate danger with specific, credible facts, and fast.

Michael Ireland leads the firm as a Board-Certified Family Law Specialist recognized by the Texas Board of Legal Specialization. The team handles emergency custody across Bexar, Comal, and Victoria counties, including ex parte orders, temporary orders hearings, and enforcement. You get clarity about what Texas law requires, an honest read on your facts, and a clear path forward.

What working with the firm looks like:

• A clear read on your position. An honest assessment of whether your facts meet the immediate-danger standard before you file.
• Preparation that holds up. A carefully drafted affidavit and organized evidence a judge can act on immediately.
• Fast, focused action. Filing quickly when a child is at risk, and preparing you for the temporary orders hearing that follows.
• Direct, candid communication. Clear updates and honest assessments of risk and timing, with no guarantees about specific results.

Request an Emergency Custody Order in Texas

When a child is in danger, the hours matter, and the strength of your first filing can shape the whole case. We can help you move quickly, prepare a credible affidavit, and stand with you at the hearing. Bring any evidence of the danger, your current custody order, and a timeline of recent events.

Michael Ireland and Associates meets clients at three locations across San Antonio, New Braunfels, and Victoria.

Call (830) 357-7437 to schedule a consultation and protect your child today.

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