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EspañolCan I get temporary emergency custody of my child?
The standard for getting emergency custody may be different depending on whether or not you are filing in the child’s home state.
If you are applying in the child’s home state, you may be able to request temporary emergency custody as part of a regular custody petition, or there may be additional forms you need to file. You may or may not have to prove that your child is in danger in order to get emergency custody. This will all depend on the specific state’s laws.
However, even if you get temporary custody, you still might not be able to take your child to another state unless your order specifically allows it. Any laws regarding relocation and parental kidnapping may still apply, depending on how long you plan to be out of the state. If you know you are planning to leave the state, you might want to ask the judge to give you permission to leave in the custody order. It is up to the judge to decide whether or not to grant your request.
If you are applying in a state where you and the child have recently arrived, the rules may be different. You can apply for temporary emergency custody in a state that is not the “home state” of the child in two situations. Under a law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), you must be able to show a judge that the child:
- has been abandoned; or
- needs emergency protection because the child, his/her sibling, or his/her parent is being abused or threatened with abuse.2
In either situation, the child must be with you in the new state where you are applying.2
Note: Every U.S. state follows the UCCJEA except for Massachusetts and Puerto Rico, which follow a law called the UCCJA.3 The main difference is that under the UCCJA, emergency custody can only be granted if the child is being abused or threatened with abuse, not a sibling or parent.4
It is important to discuss your situation with a lawyer who specializes in domestic violence and custody before you leave the child’s home state.
1 UCCJEA § 102(7)
2 UCCJEA § 204(a)
3 Current as of May 2025
4 M.G.L. 209B § 2(a)(3)
If I get temporary emergency custody in a state where I have just arrived, how long will the custody order last?
Usually, a state’s court only has power (jurisdiction) to make custody decisions when:
- it’s the child’s home state;1
- there is an ongoing case involving the child there; or
- a judge in that state previously issued a custody order.2
When a court from a different state makes an emergency custody order, that court is using “emergency jurisdiction” to issue the temporary order. Therefore, the order is only supposed to last for a short time. Usually, an emergency order will only last until the home state, known as the state with “preferred jurisdiction,” can:
- issue its own order; or
- change (modify) any custody order that was already in effect.2
The emergency judge must include in his/her order the length of time the order will remain in effect. This is so the parent can seek a more permanent order from the court with preferred jurisdiction. If cases involving the same child have been filed in two different places, the judges must communicate with each other to decide which state will keep the long-term custody case.2
1 UCCJEA § 102(7)
2 UCCJEA § 204
