Archive for the ‘Child Abuse Law’ Category

» Child Abuse Law: What is a Temporary Custody Order? On Friday, December 26th, 2008

 

One of the most difficult and challenging areas of the law are those statutes and regulations that govern child abuse or child neglect cases. Of course, the primary reason why child abuse and child neglect law is so challenging is because of the very subject matter. However, with that said, the procedures that are utilized by the courts in this area of the law are also rather complex on a number of different levels. Through this article you are provided an overview of the preliminary stages of a child abuse or neglect case, specifically what is involved in the issuance of a temporary custody order.

 

In many jurisdictions around the country, child abuse and child neglect cases call under a common heading known as a child in need of care or CINC case. The minor child who is the subject of the case is in need of care due to the fact that a situation involving abuse or neglect exists.

 

Of course, in many instances, there is an immediate emergency which requires quick action on the part of the state and the court when it comes to a situation of child abuse or neglect. Generally speaking, the judicial system is not one known for rapid movement. However, because of the fact that children can be facing an immediate risk, there is a mechanism in the court system that allows for immediate action to be taken in the case of child abuse or neglect.

 

When an appropriate affidavit and petition or complaint is filed with the court – either through the state agency charged with overseeing the health and welfare of minor children or from the local county or district attorney’s office – the court is in a position to evaluate whether immediate action needs to be taken in regard to the custody of the minor child. In other words, the court will consider whether the minor child that is the subject of the affidavit and of the petition or complaint is in danger of immediate or ongoing hard, that court can issue a temporary order immediately changing the custody of that child. In other words, the court will issue a temporary custody order removing that child from the home of his or her parents or other primary caretaker.

 

Because removing a child from his or her parents is such a significant act of a court, the court will also set the matter for a more complete hearing – normally within 24 to 48 hours if at all possible. While this will not be a full blown hearing let along a trial, it does provide all parties the chance to come before the court to state their positions to the judge. At this juncture the court will determine whether or not the temporary custody order shall remain in effect until further proceedings or whether there is some reason why returning the child to his or her parents or other primary caretaker might make some sense. In most instances, the temporary custody order actually will continue until the court can conduct further proceedings.

Tags: , Posted in Child Abuse Law | Comments Off




© Legal News and Articles
All Rights Reserved.

Entries (RSS) and Comments (RSS).

Affordable Professional Website Design