Also known as: emergency jurisdictions
Written by attorneys · grounded in primary & secondary sources — see below
A basis for temporary child-custody authority under which a court may act when a child is present in the state and faces abandonment or an emergency threat of mistreatment or abuse to the child or a parent or sibling. The resulting order remains in effect only until a court with primary jurisdiction under other provisions assumes control.
Eric Espinoza punched his wife in a hospital parking lot and bruised their five-year-old son's arm. She fled with the child to a shelter in a neighboring state and petitioned for temporary sole custody. The court exercised emergency jurisdiction because the child was physically present and faced an immediate threat of further mistreatment. It issued a short-term protective order that would last only until the home-state court could address long-term custody.
Emanuel Escobar repeatedly choked his ten-year-old son during homework disputes and once locked the boy outside overnight in freezing weather. While the mother and child attended an event in another state, she sought emergency custody there. The court exercised emergency jurisdiction because the child was present and the alleged conduct created an immediate risk of harm. It entered a temporary order protecting the child until the home-state court could act.
Select any source to read its text and confirm it supports the definition.
No. The statute requires only that the child be physically present in the state and that an emergency involving mistreatment or abuse exist. Home-state status controls long-term custody but does not block temporary emergency relief.
Supporting sources
The order is temporary and expires once a court with jurisdiction under sections 201 through 203 assumes authority or the emergency ends. Coordination rules require communication with any other interested court.
Supporting sources
No. Credible allegations of recent physical violence or threats suffice when the child is present. The rule focuses on immediate risk rather than prior documentation or criminal adjudication.
Supporting sources
No. The authority is strictly temporary and limited to protecting the child during the emergency. Permanent orders must come from a court exercising home-state or other primary jurisdiction.
Supporting sources