At Empowered Family Law, P.C., we are highly empathetic toward those who are impacted by addiction. People who struggle with drugs and alcohol may jeopardize their careers and become physically or verbally abusive even when they are at home, surrounded by those who love them the most. The situation becomes even more severe when you share children with an addict. When someone has an addiction, they may be under the influence around your children, and you likely cannot trust them to be a safe and responsible parent.
Good people can become trapped in bad situations. For example, a parent may stay married to an addict out of fear. They have deep-rooted concerns about pursuing a divorce and being forced to share custody. In other words, they won’t be there to protect their children all the time. Another worry is that the spouse who suffers from addiction may outright deny the problem. Parents don’t want to create a situation where their children are alone with an addict who is not mentally or physically capable of being the person their children need.
How Emergency Custody Can Help Parents & Children
You can protect your children from the other parent by seeking an emergency custody order (also referred to as a temporary custody order). A judge may also grant temporary custody to someone filing for a Protection From Abuse (PFA) Order. In conjunction with the PFA, a judge can establish how and when an abusive or otherwise dangerous parent can be around the children. If the parent is deemed to be unfit or incapable, a judge may require visitation to be supervised.
According to the law in Alabama, you may be able to obtain emergency custody if:
- The child is physically present in the state
- The child has been abandoned
- You wish to protect the child from mistreatment or abuse from a sibling or a parent
Why is the Order Only Temporary?
The first step is to talk to a qualified family law attorney. You will have a confidential consultation before hiring them to represent you. Your attorney may file a petition for emergency custody, and you will likely have a hearing in front of a judge. In extreme circumstances, you may receive an order “ex parte,” meaning the emergency is so pressing that an order is issued before the other side is served with your motion. We will explain and explore these different options and how they work when you come for your consultation.
Contacting a Family Law Attorney
When you meet with your attorney, they will review your case and ascertain what type of evidence should be provided. It is important to note that you should not risk your safety or break the law in an effort to gather evidence against your spouse.
Empowered Family Law, P.C., is committed to keeping you and your family safe both during and beyond your divorce. We are sensitive to the challenges you face, and our role is to guide you through this difficult period of your life. We are excited to help you create your new beginning. Contact us today to schedule a consultation.
Empowered Family Law, PC
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