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Any magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion, an emergency custody order when he has probable cause to believe that any person (i) has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the
What Custody May Look Like. A judge might award one parent sole temporary custody. This means that parent is solely responsible for making any and all decisions on behalf of the child. The other parent may or may not have access to your child. It's also possible that joint temporary custody is rewarded.
Temporary custody is a gap filler arrangment intended to provide structure until a permanent custody decision is made. Permanent custody is intended to as a longer term arrangment that lasts until something changes that necessitates a new arrangement.
In order to apply for emergency custody, family members must fill out whatever paperwork is required by the local court. The hearings are expedited and may take place within a few days. Sometimes, family members will make false accusations in order to obtain temporary custody of a child.
In many states, when there are unmarried parents, the default position of the court is to give custody to the mother unless the father takes action to gain custody. In Virginia, once paternity is established, the courts do not favor one parent over the other. Instead, they look at the best interest of the child.
Updated April 2016 1 Page 2 Temporary Detention Order (TDO)200b a legal document requiring an individual to receive immediate hospitalization for further evaluation and stabilization, on an involuntary basis, until a commitment hearing can be arranged to determine their future treatment needs.
A child may be taken into emergency custody because the youngster is in immediate danger and needs protection. The child may also be removed from the home because current living arrangements pose an immediate danger to the child's safety and welfare.
In Virginia, a TDO allows a person to be hospitalized for 13 days. During that time, a hearing must be held to determine whether continued treatment is warranted.