Austin Emergency Child Custody Lawyer

When your child’s safety is on the line, you need immediate legal action—not tomorrow, not next week, but today.

An emergency 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.

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Call Ben Carrasco at (512) 605-0821

What is Emergency Custody in Texas?

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:

• Physical or emotional abuse
• Neglect or abandonment
• Substance abuse or impairment
• Domestic violence or threats of violence
• Unsafe living conditions
• Immediate risk of kidnapping or removal from the state

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When Can You File for Emergency Custody?

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:

• A parent threatens or commits domestic violence
• Substance abuse impairs caregiving
• A parent plans to remove the child from Texas
• Evidence of physical injury, neglect, or emotional harm
• Protective orders are already in place, but are being violated

How to File an Emergency Custody Order in Texas

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:

• Completed petition for temporary orders
• Affidavit describing specific danger to the child
• Supporting evidence (photos, police or CPS reports)
• Proof of residence or relationship to the child

1. Consult With an Attorney

Seek legal advice right away to verify if your situation qualifies as an emergency.

2. Prepare Your Petition

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. 

3. Submit Evidence

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. 

4. File the Petition

Submit to the appropriate family court in your county (e.g., Travis, Williamson, or Hays).

5. Attend an Ex Parte Hearing

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.

6. Serve the Other Parent

Once the emergency order is issued, the other party must be formally notified.

7. Prepare for a Full Hearing

Within 14 days, both parties are required to appear for a full evidentiary hearing to determine the longer-term custody terms.

What Happens After an Emergency Custody Hearing?

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:

• The other parent has the right to contest the order.
• The court may issue temporary visitation guidelines.
• Both parties may be ordered to attend mediation or family counseling.

If danger persists, a child custody & visitation lawyer can request to extend or modify the order pending a final custody determination.

How Does Emergency Custody Work: The Short-Term vs. Long-Term Outcomes

• An emergency (ex parte) order provides immediate safety protection and typically remains in effect for up to 14 days.
• A temporary custody order remains in effect until the final custody decision, establishing a care structure with temporary visitation, rights, duties, and child support.

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FAQs About Emergency Custody in Texas

Who can file for emergency custody?

Any parent, legal guardian, or authorized caregiver who believes a child faces immediate harm can petition the court for emergency custody.

Can you file for emergency custody without a lawyer?

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.

How to get an emergency custody order?

Submit a verified petition showing that the child is in danger. A judge may grant temporary custody immediately after reviewing your affidavit.

How long does emergency custody last?

Typically 14 days, though extensions can be granted for ongoing safety concerns.

What happens in an emergency custody hearing?

Judges review evidence, listen to witness testimony, and decide whether temporary custody should remain in place until a full trial is held.

Why Hire Ben Carrasco as Your Emergency Custody Lawyer in Austin?

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?

• Credibility in local courts
• Rapid filing for ex parte hearings
• Transparent communication and realistic legal guidance
• Proven success in high-conflict custody litigation
• Available for urgent matters

Speak with an Emergency Custody Lawyer Today

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.

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