Emergency Child Custody in Texas: When and How to Seek It

Sims Purzer
May 23
3 min read

Emergency Child Custody | Sims & Purzer, Attorneys at Law, PLLC

When your child’s safety is at risk, waiting for a standard court date isn’t always an option. Emergency custody in Texas is a legal tool designed for urgent situations, allowing you to act quickly to protect your child. If you're facing a crisis and need immediate legal intervention, here's what you need to know.

What Is Emergency Child Custody?

Emergency custody typically involves requesting a Temporary Restraining Order (TRO), which is a short-term court order that can help protect your child until a formal hearing can be held. A TRO lasts up to 14 days or until the court sets temporary orders—whichever comes first.

A TRO is often filed as part of a broader custody case (like a SAPCR or divorce), and it asks the court to stop a parent or another party from taking harmful actions—like removing the child from school or traveling with them out of state. Keep in mind: this is not the same as a protective order for family violence, although both serve to protect the child.

When Is Emergency Custody Appropriate?

Emergency custody isn’t granted lightly. You’ll need to show that your child faces immediate danger. Common situations that may warrant emergency custody include:

Threats of abduction or relocation without permission
Recent or ongoing abuse or neglect
Substance abuse or unsafe living conditions
Medical neglect or refusal to provide necessary care

You’ll need strong supporting evidence, such as police reports, medical records, or witness statements. The court’s priority is always the safety and well-being of the child.

What You’ll Need to File

To pursue emergency custody, your attorney will typically prepare and file several key documents:

An underlying cause of action such as a Motion to Modify, Petition to terminate Parent Child Relationship, Suit Affecting Parent Child Relationship, Divorce with children, and a Motion to set for Temporary Orders
A sworn affidavit describing the emergency and why urgent action is needed
A Petition for Temporary Restraining Order
A proposed TRO for the judge’s review

Once filed, the court may sign the TRO without notifying the other party if immediate danger is proven. This is known as an “ex parte” order, and it remains in place until the temporary orders hearing—where both sides will have a chance to be heard.

What Happens at the Temporary Orders Hearing?

This is your opportunity to explain your concerns to the judge, present evidence, and call witnesses if necessary. The other party can do the same. Based on what’s presented, the judge will issue temporary orders that may address:

Who the child will live with
Visitation rights
Decision-making authority
Child support, if needed

The hearing is typically short—so it's crucial to focus on the most relevant information. We’ll help you prepare a concise and effective presentation that puts your child’s needs front and center.

How Emergency Custody Impacts Parental Rights

An emergency custody order can temporarily shift rights and responsibilities. For example:

The non-custodial parent’s visitation may be restricted or supervised
Decision-making may be granted solely to one parent
Support obligations may be adjusted

These changes are temporary and designed to stabilize the situation. However, they can influence how the court decides final custody later, especially if they reveal long-standing patterns of risk or neglect.