Emergency custody is a fast-track court process used when a child faces an immediate risk of harm. In Charleston County, judges can issue short-term, sometimes same-day orders before a full hearing if you present specific, sworn facts showing an urgent safety concern. This guide explains when an emergency applies, what to file, where to file in Charleston, what happens next, and how to protect your case. It’s designed to help you take decisive, legally sound steps—while recognizing that every situation is unique and benefits from tailored legal counsel.
What counts as an “emergency” for custody in South Carolina?
An emergency exists when immediate court intervention is necessary to keep a child safe from serious harm. South Carolina’s Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) allows temporary emergency jurisdiction when a child is present in the state and “has been abandoned or it is necessary in an emergency to protect the child” from mistreatment or abuse (see South Carolina’s UCCJEA provisions in Title 63, Chapter 15) South Carolina Code of Laws, Title 63, Chapter 15.
Situations that can support an emergency filing include:
- Credible, current threats of violence, physical or sexual abuse, or severe neglect
- Caregiver impairment due to intoxication, overdose, or acute mental health crisis
- Abandonment or refusal to return the child after parenting time in dangerous circumstances
- Stalking, threats, or violations of protective orders that put the child at imminent risk
By contrast, scheduling disputes, routine parenting disagreements, or older incidents with no current danger typically do not qualify as emergencies. Those issues are handled through standard temporary hearings.
When will Charleston Family Court grant an ex parte emergency order?
Judges may grant an ex parte order (without advance notice to the other parent) when sworn affidavits set forth specific, recent facts indicating immediate risk of serious harm if the court waits. Relief is narrowly tailored to stabilize safety until a prompt hearing with both parties.
Common ex parte remedies include:
- Temporary custody to the petitioning parent or a safe relative
- Supervised or suspended parenting time for the other parent
- No-contact and safe-exchange directives
- Pickup orders authorizing law enforcement assistance
Expect the court to require a rapid follow-up hearing so both sides can be heard.
Step-by-step: How to file for emergency custody in Charleston
What should I file?
Prepare a concise, evidence-backed packet:
- Verified complaint or petition requesting custody and emergency relief
- Motion for emergency custody detailing the urgency and proposed terms
- Sworn affidavits from you and any witnesses describing first-hand facts (dates, locations, specifics)
- UCCJEA affidavit listing the child’s residences and any prior custody cases
- Exhibits: police reports, medical notes, photos, messages, school records, CPS documentation
- Proposed emergency order for the judge to sign
- Case cover sheet and any required confidential information forms
Precision matters: focus on recent, concrete facts tied to the child’s immediate safety.
Where and how do I file in Charleston?
- File at the Charleston County Family Court through the Clerk of Court (check the Clerk of Court’s Family Court page for current location, hours, and local practices) Charleston County Clerk of Court.
- Ask the clerk about emergency procedures and whether an on-call judge is available for same-day review.
- If you cannot afford fees, request fee-waiver forms when filing.
- Bring multiple copies. If an ex parte order is issued, arrange for prompt service on the other parent.
For statewide rules, forms, and guidance, review the South Carolina Judicial Branch’s Family Court resources South Carolina Judicial Branch – Family Court.
What happens right after I file?
- A judge reviews your emergency motion and affidavits—often the same day when safety is truly at risk.
- If granted, the signed order will specify custody, visitation limits, and enforcement steps. Serve it immediately and involve law enforcement if directed.
- The court sets a prompt hearing so both parties can appear, present evidence, and address next steps.
Evidence that strengthens an emergency petition
Strong, recent, corroborated proof makes all the difference:
- Police incident reports, 911 logs, or pending charges
- Medical records, injury photos, or provider letters
- CPS/DSS findings or safety plans
- Screenshots of threatening messages, GPS data, call logs
- School reports noting injuries, absences, or disclosures
- Witness affidavits from neighbors, relatives, teachers, or providers
Avoid speculation. Stick to first-hand facts, time-stamped records, and clear links to the child’s immediate risk.
How fast will the court act, and how long do orders last?
When the filing shows imminent harm, Charleston judges can act quickly on an ex parte basis to protect the child. The emergency order lasts only until the scheduled hearing or until a court with ongoing jurisdiction enters a superseding order. Under the UCCJEA, temporary emergency jurisdiction is designed to bridge immediate safety needs and must yield to a court with proper long-term jurisdiction once that court can act South Carolina Code of Laws, Title 63, Chapter 15.
Will the other parent get notice and a hearing?
Yes. Ex parte relief is temporary. The court promptly sets a hearing and the other parent must be served with the filings and any emergency order. Both parties then have a chance to present evidence, call witnesses, and request modifications. The judge may extend, modify, or dissolve emergency terms after hearing both sides.
Safety first: What if danger is happening right now?
- Call 911 for immediate threats.
- Seek medical care without delay if a child is injured.
- Consider pursuing an Order of Protection (domestic abuse protective order) in addition to custody relief if intimate-partner violence is involved; these orders provide no-contact and firearm restrictions under state law.
- Report suspected child abuse or neglect to authorities and cooperate with safety planning.
Emergency custody can work alongside criminal, protective-order, and child-protection measures to create layered safety.
After the emergency: Converting to a longer-term custody order
Courts transition from emergency stabilization to best-interest analysis. South Carolina’s best-interest factors consider the child’s needs, parental fitness, caregiving history, domestic violence, substance use, stability, and each parent’s willingness to support the child’s relationship with the other parent South Carolina Code of Laws, Title 63, Chapter 15 (see § 63-15-240). Next steps can include:
- Temporary (non-emergency) orders refining custody and visitation
- Guardian ad litem appointment in contested cases
- Discovery, evaluations, and safety-focused parenting plans
- Mediation and, if needed, a final trial
Document progress (treatment, classes, safe housing) and follow all orders strictly.
Common mistakes that can undermine an emergency custody case
- Filing without concrete, recent evidence of immediate risk
- Overstating facts or including hearsay without sources
- Withholding the child without a court order or lawful basis
- Violating existing orders or discussing the case with the child
- Posting about the case on social media
- Failing to serve the other parent properly or missing deadlines
Emergency vs. standard temporary relief: What’s the difference?
Feature | Emergency Custody (Ex Parte Possible) | Standard Temporary Hearing |
|---|---|---|
Trigger | Immediate risk of serious harm or abandonment | Routine custody/visitation disputes |
Notice | May be granted without advance notice | Both sides receive notice |
Speed | Same-day or rapid judicial review | Scheduled on the court’s temporary docket |
Evidence | Sworn, specific, current facts showing imminent danger | Broader best-interest considerations |
Duration | Short-term until prompt hearing | Remains until modified or final order |
Frequently Asked Questions About Emergency Custody in Charleston
What qualifies as an emergency custody situation in Charleston?
An emergency exists when a child faces an immediate risk of serious physical harm, sexual abuse, severe neglect, abandonment, or comparable danger requiring urgent court intervention. The risk must be current and supported by sworn facts.
Can Charleston Family Court issue emergency custody orders the same day?
Yes. When true emergencies are supported by detailed affidavits and evidence, judges may review requests the same day and issue short-term ex parte orders to stabilize the child’s safety.
How long does an emergency custody order last?
Emergency orders are temporary. They typically remain in effect only until a prompt follow-up hearing is held or until a court with proper ongoing jurisdiction issues a superseding order.
Does the other parent get a chance to respond?
Yes. Ex parte relief is temporary. The other parent must be served and is entitled to a prompt hearing where both sides can present evidence and arguments.
Do I need proof to file for emergency custody?
Yes. Successful emergency petitions rely on sworn affidavits and corroborating evidence such as police reports, medical records, DSS involvement, photographs, messages, or witness statements.
Can emergency custody be requested along with an Order of Protection?
Yes. In cases involving domestic violence, parties often pursue emergency custody alongside Orders of Protection to address no-contact requirements and immediate safety concerns.
What happens after the emergency hearing?
After emergency stabilization, the court transitions the case into the standard custody process, applying South Carolina’s best-interest-of-the-child factors to determine longer-term custody and visitation arrangements.
Is a lawyer required to file for emergency custody?
A lawyer is not legally required, but emergency custody proceedings are fast-moving and evidence-driven. Legal counsel is strongly recommended to ensure filings meet court standards and protect your position.
If you’re facing a true emergency, act quickly and carefully. At Collins Family & Elder Law Group, we help families present clear, persuasive evidence, protect children immediately, and position cases for sound, longer-term outcomes in Charleston Family Court.
