What Qualifies for an Emergency Child Custody Hearing in Georgia?

Emergency hearings in custody cases are very interesting. As divorce lawyers, we often explain to clients that there are three levels of emergencies in custody cases, what the client thinks is an emergency, what the lawyer thinks is an emergency and what the judge thinks is an emergency. Judges hear some of the most difficult and horrific situations you can imagine. So while a parent might think a situation is emergency, it usually pales in comparison to what judges see as actual emergencies. Good lawyers are very hesitant to claim an emergency because they appear over and over again before the same judge, and they want the judge to know that when the lawyer claims there’s an emergency, that it really does rise to the level of a serious emergency.

However, the courts are charged with protecting the best interest of the child. Putting a case on a calendar to be heard months down the road might allow serious harm to continue to a child, so when an emergency is claimed, most judges will try their best to grant an immediate hearing if they believe, based on the papers filed, that a true emergency potentially exists. Judges can often put it into place immediate safeguards like supervision or require that visitation be held in a public place. In fact, sometimes as lawyers we prefer that the accused have a supervisor to be able to have an independent witness verify to the court that they are not guilty of the claims being made against him. There are also many tools to deal with claims like alcoholism, for instance. Courts often require that the person accused of drinking use a device called Soberlink, which is a handheld device that can record alcohol levels and send the results immediately to the other party, the lawyers and the court.

Judges also often appoint a guardian or someone as an arm of the court to investigate and have full access to the witnesses and the children to be able to make a recommendation to the court.

As for child statements or testimony, courts are hesitant to involve children, but in severe emergencies, they will do so. This is another benefit of a guardian who can talk to the children and relay their comments directly to the court without the children having to testify.