Emergency Custody Motions in Georgia: When Are They Allowed?
When a parent fears for the immediate safety or well-being of their child, the instinct is often to go to court right away. In Georgia, parents sometimes ask about filing an “emergency” custody motion. While this option does exist, Georgia courts are very careful about when such motions can be filed and granted. Filing a motion under the guide of an “emergency” can backfire if the Court disagrees that the situation is a true emergency. Understanding the law (and its limits) can help parents make informed decisions.
What Is an Emergency Custody Motion?
An emergency custody motion is a request to the court to make a temporary, expedited change to a child custody order. These motions ask the judge to act immediately, without the usual delays of a full custody proceeding, because waiting could place the child in harm’s way.
Importantly, Georgia courts reserve this type of relief for situations where a child faces serious and imminent danger. They are not a tool for resolving ordinary parenting disputes or disagreements.
When Are Emergency Motions Allowed?
Under Georgia law, courts will generally consider an emergency custody motion only when there is clear evidence of immediate risk. Examples include:
Physical abuse or neglect: Evidence that a child has been harmed or is at risk of harm in a parent’s care.
Substance abuse: When a parent is abusing drugs or alcohol in a way that puts the child’s safety in jeopardy.
Abandonment: If a parent has left a child without proper care or supervision.
Serious mental health concerns: Where a parent’s untreated condition creates imminent danger.
Other urgent threats: Such as domestic violence in the home or exposure to unsafe living conditions.
Each case turns on its specific facts facts. The court usually requires strong evidence, such as sworn affidavits, medical records, police reports, or testimony, to grant emergency relief.
What an Emergency Motion Cannot Do
Parents sometimes confuse emergencies with disputes. A disagreement about pickup times, parenting styles, or school choices, while stressful, is not usually enough to justify an emergency filing. Courts will not grant emergency custody simply because one parent believes they make better decisions than the other or the parties have encountered a disagreement over who is supposed to have the children on any given weekend.
Additionally, if there is no open custody case, the court may require a parent to file a new custody action instead of (or in addition to) the emergency motion. This is especially important for unmarried parents who have not yet established custody through legitimation, as the Court is generally prohibited from making a custody award to an un-legitimated father, even on an emergency basis.
What Happens After Filing?
If a court grants an emergency motion, it will typically issue a temporary custody order that changes custody on a short-term (i.e., temporary) basis. The court will then schedule a hearing where both parents can present evidence. At that hearing, the judge decides whether the temporary change should remain in place or be modified.
Because of the serious consequences, judges do not grant emergency custody motions lightly. The requesting parent must be ready to prove both the urgency and the danger.
Final Thoughts
Emergency custody motions in Georgia are available but only in rare and truly urgent situations. If you believe your child is in immediate danger, you should act quickly by consulting with an experienced family law attorney who can help you prepare the necessary evidence and guide you through the process.
At Resurgens Legal Counsel, we help parents navigate high-stakes custody cases with care and urgency. If you have questions about whether your situation qualifies for emergency custody relief, contact us to discuss your options.