When your child’s safety is on the line, you need immediate legal action—not tomorrow, not next week, but today.
An Austin Emergency Child Custody Lawyer helps parents protect their children when danger or neglect requires urgent intervention. With over a decade of experience and board certification in family law, Ben Carrasco understands the legal magnitude and emotional weight behind these cases.
The Law Office of Ben Carrasco provides strategic legal guidance and courtroom representation, protecting parental rights and peace of mind during families’ most urgent moments.
Call Ben Carrasco at (512) 605-0821
Under Texas Family Code §105.001, an emergency custody order—also known as a temporary restraining order (TRO) or ex parte order—allows a judge to issue immediate custody protections without waiting for a full hearing when a child faces imminent harm.
Emergency custody is not permanent. It’s a temporary legal measure that remains in place until the court can hold a full hearing to decide long-term arrangements.
Courts may grant an emergency custody order in Texas if there is credible evidence of:
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You can file for emergency custody when you believe your child is in immediate danger and have supporting evidence. Judges will assess whether harm could occur before a standard custody hearing takes place.
Emergency child custody cases move fast—often within 24 hours. They fall under ex parte proceedings, where a judge can issue temporary custody without notifying the other parent.
Valid scenarios include:
Filing for an emergency temporary custody order in Texas involves several crucial steps. Missing a step or filing the wrong document can cause delays, which is why it is essential to work with an experienced emergency custody lawyer.
Documents You May Need:
Seek legal advice right away to verify if your situation qualifies as an emergency.
Your lawyer will draft a petition outlining the case and requesting an emergency custody hearing. You will need to prepare a supporting affidavit stating the facts which you believe establish that your child is in danger. The affidavit can describe particular incidents and the dates they occurred, for example.
Whether a judge grants an emergency ex parte restraining order will be based on whether a judge determines that the allegations in your affidavit, taken as true, sufficiently establish that your child is in imminent danger.
Your lawyer will draft a petition outlining the case and requesting an emergency custody hearing. You will need to prepare a supporting affidavit stating the facts which you believe establish that your child is in danger. The affidavit can describe particular incidents and the dates they occurred, for example.
Whether a judge grants an emergency ex parte restraining order will be based on whether a judge determines that the allegations in your affidavit, taken as true, sufficiently establish that your child is in imminent danger.
Submit to the appropriate family court in your county (e.g., Travis, Williamson, or Hays).
The judge reviews your petition—often the same day—and can issue a temporary restraining order (TRO) granting custody. Generally, TROs are issued without a hearing. But some judges may require a brief hearing, usually without the other side being present.
Once the emergency order is issued, the other party must be formally notified.
Within 14 days, both parties are required to appear for a full evidentiary hearing to determine the longer-term custody terms.
Once the court issues an emergency custody order, it remains valid until a follow-up hearing can be held—typically within two weeks.
During this period:
If danger persists, a child custody & visitation lawyer can request to extend or modify the order pending a final custody determination.
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512-320-9126Any parent, legal guardian, or authorized caregiver who believes a child faces immediate harm can petition the court for emergency custody.
It’s possible, but risky. The process is legally complex, and errors may lead to denial. Having experienced representation ensures documents and evidence are accurately presented.
Submit a verified petition showing that the child is in danger. A judge may grant temporary custody immediately after reviewing your affidavit.
Typically 14 days, though extensions can be granted for ongoing safety concerns.
Judges review evidence, listen to witness testimony, and decide whether temporary custody should remain in place until a full trial is held.
Emergency custody cases are emotionally charged and legally complex. A skilled emergency custody lawyer ensures your petition meets strict procedural standards and that the court understands the urgency of your case.
Ben Carrasco, a Stanford-educated and board-certified Austin child custody attorney, represents clients in Travis, Williamson, and Hays County family courts with grounded resolve and compassion.
What Sets Ben Apart?
When your child’s safety is in jeopardy, every moment counts. Contact the Law Office of Ben Carrasco for immediate guidance and decisive legal action.
Ben is a board-certified Austin family law lawyer who has successfully handled emergency custody cases across Central Texas.
Don’t wait to protect your child’s safety and future. Contact an emergency custody lawyer today.
We live by our commitment to zealous advocacy and are passionate about your case. Whether you need assistance with a high-conflict divorce or a custody modification, our smart and responsive approach is designed to yield a positive outcome for you. Don’t hesitate to reach out.
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