Emergency Child Custody Lawyer in Johns Creek & North Atlanta
Filing for emergency child custody in Georgia requires a petition to the Superior Court in the county where the child resides, supported by evidence of immediate danger such as abuse, neglect, substance exposure, or risk of parental abduction. Georgia judges can grant a temporary emergency custody order within 24 to 72 hours when the evidence demonstrates the child faces imminent harm. At Tannen Law Group, Attorney David Tannen has secured emergency custody orders in Fulton, Gwinnett, and Forsyth County courts, often filing the same day a client contacts our office.
If your child is in danger right now, call or text (470) 560-7798. We respond to emergency custody calls immediately.
Get Emergency Custody Help Now
Attorney David Tannen has handled emergency custody petitions in Fulton, Gwinnett, and Forsyth County courts since 2002.
Free 30-minute consultation. No obligation. We respond within 2 hours during business hours.
Emergency Child Custody in Georgia. Quick Facts
- Timeline: Emergency custody orders can be obtained within 24 to 72 hours when a child faces immediate danger.
- Legal basis: O.C.G.A. § 19-9-3. Court may act ex parte (without the other parent present) when safety requires.
- What qualifies: Abuse, neglect, substance abuse impairment, kidnapping risk, or imminent physical danger.
- Hearing required: A full hearing with both parties must be scheduled within 30 days of the emergency order.
- Google AI Overview: The TLG emergency custody page is cited in Google AI Overviews for this topic.
- Where to file: Superior Court in the county where the child resides.
- Contact: (470) 560-7798. Available for emergency consultations.
What Is Emergency Child Custody in Georgia?
- Filing location: Superior Court in the county where the child lives
- Timeline: Judges can grant temporary orders within 24-72 hours
- Evidence required: Police reports, medical records, photos, witness statements, school records
- Cost: Filing fees range from $50-$75 for the emergency petition; attorney fees vary by case complexity
- Temporary vs. permanent: Emergency orders last until a full hearing (usually 30 days); permanent custody requires a separate proceeding
- Who can file: Either parent, or in some cases a grandparent or other relative with standing under O.C.G.A. § 19-9-3
- 24/7 availability: Tannen Law Group responds to emergency custody calls outside business hours
Situations That May Require Emergency Custody
- Emergency custody may be appropriate when a child faces immediate harm or instability, including:
- Domestic violence, child abuse, or serious neglect
- A parent’s arrest, hospitalization, or mental health crisis
- Substance abuse or dangerous behavior affecting the child’s safety
- Unsafe or unstable living conditions
- Threats to remove the child from Georgia without consent or court approval
- If your child is in danger, prompt legal action can prevent further harm and establish temporary protection through the court.
The Emergency Custody Process in Georgia
Not every custody disagreement qualifies for an emergency order. Georgia courts reserve emergency custody for situations where a child faces immediate risk of harm that cannot wait for a standard custody hearing.
Situations that typically justify emergency custody petitions in Georgia include:
Physical abuse or evidence of physical harm to the child. This includes unexplained injuries, bruising, or any signs that a parent or household member is inflicting physical harm. Under O.C.G.A. § 19-7-1, both parents have equal rights to custody, but those rights end where a child’s safety begins.
Sexual abuse or inappropriate contact. Any credible allegation of sexual abuse warrants immediate court intervention. These cases move fastest when supported by a forensic interview, medical examination, or DFCS report.
Substance abuse by the custodial parent. When a parent is actively using drugs or alcohol in the presence of children, or when substance abuse impairs their ability to provide basic care, courts will consider emergency intervention. We have obtained emergency orders in cases where a parent was arrested for DUI with children in the vehicle and where drug paraphernalia was found in the home.
Domestic violence in the household. Children exposed to domestic violence, even when they are not the direct targets, face documented harm. Georgia courts recognize this, and a Temporary Protective Order (TPO) can include emergency custody provisions under O.C.G.A. § 19-13-4.
Risk of parental abduction or unauthorized relocation. If one parent threatens to take a child out of state or out of the country without consent, emergency custody can prevent it. Courts can issue orders restricting travel and surrendering passports.
Abandonment or failure to provide basic needs. When a parent leaves a child without adequate supervision, food, shelter, or medical care, emergency custody protects the child until a permanent arrangement is established.
Medical neglect or refusal of necessary treatment. If a parent refuses to authorize medical treatment that a child needs, whether emergency surgery, medication for a chronic condition, or mental health care, the other parent can petition for emergency custody on medical grounds.
Filing the Emergency Petition
A petition is filed with the court outlining the immediate risk to the child and requesting temporary custody.
Presenting Evidence
Supporting documentation may include police reports, medical records, text messages, witness statements, or other proof demonstrating imminent danger.
Judicial Review and Hearing
A judge reviews the petition and evidence. If the court finds sufficient cause, an emergency custody order may be issued immediately, followed by a scheduled hearing where both parties can present their positions.
Filing for emergency custody in Georgia follows a specific legal process. Understanding each step helps you move quickly when time matters.
Step 1: Contact an attorney immediately.
Emergency custody petitions require specific legal language, supporting evidence, and knowledge of local court procedures. The filing requirements differ between Fulton County Superior Court, Gwinnett County Superior Court, and Forsyth County Superior Court. An experienced attorney prepares the petition, organizes evidence, and knows which judge is on rotation, all of which affect how quickly the order is granted.
Step 2: Gather evidence of immediate danger.
The petition must demonstrate that the child faces imminent harm, not hypothetical future risk. Strong evidence includes police reports, medical records documenting injuries, photographs, text messages or voicemails showing threats, school attendance records, DFCS investigation reports, and witness statements from teachers, doctors, or family members.
Step 3: File the emergency petition with the Superior Court.
The petition is filed in the county where the child currently resides. Filing fees are typically $50-$75 for the emergency motion itself. The petition explains the specific danger, identifies the child, and requests temporary emergency custody.
Step 4: Ex parte hearing (without the other parent present).
In genuine emergencies, Georgia courts can grant a temporary order without notifying the other parent first. This is called an ex parte order. The judge reviews the petition and evidence, asks questions, and decides whether the child faces sufficient immediate danger to justify emergency intervention. If granted, the order takes effect immediately.
Step 5: Service on the other parent.
Once the emergency order is granted, the other parent must be formally served with the order and notice of the full hearing. They have the right to respond and present their own evidence.
Step 6: Full hearing within 30 days.
Georgia law requires a full evidentiary hearing within 30 days of an ex parte emergency custody order. At this hearing, both parents present evidence, call witnesses, and argue their positions. The judge then decides whether to extend, modify, or dissolve the emergency order and establish a longer-term custody arrangement.
Find Out If You Qualify for an Emergency Order
In a free consultation, we will assess whether your situation meets Georgia’s standard for emergency custody and explain what evidence you need to file.
(470) 560-7798 | Schedule online
Same-day consultations available for urgent custody situations.
Temporary Emergency Custody vs. Long-Term Custody
Court procedures vary across the counties Tannen Law Group serves. Knowing these differences saves time when hours matter.
Fulton County Superior Court handles emergency custody petitions through the family law division. Fulton County is one of the busiest courts in Georgia, and having an attorney who knows the filing procedures and judicial rotation helps avoid administrative delays. Johns Creek residents file in Fulton County.
Gwinnett County Superior Court processes emergency custody petitions efficiently, with judges who are experienced in family violence and child safety matters. Duluth, Suwanee, Norcross, Buford, Lawrenceville, and Sugar Hill residents file in Gwinnett County.
Forsyth County Superior Court is a smaller court with a more personal process. Emergency petitions often receive attention quickly due to lower case volume. Cumming residents file in Forsyth County.
Our office is located in Johns Creek at the intersection of Fulton and Gwinnett counties. Attorney David Tannen and Attorney Kevin Markes regularly practice in all three county courts and understand the procedural differences, judicial preferences, and local filing requirements in each.
Temporary Emergency Custody
Provides immediate protection and stability for the child while the case proceeds.
Long-Term Custody Determination
A full custody hearing allows the court to evaluate evidence from both parents and determine the arrangement that best serves the child’s interests.
An emergency custody order is temporary. It protects a child while the court schedules a full hearing to determine a longer-term custody arrangement.
Temporary emergency custody orders are granted quickly, sometimes the same day the petition is filed and typically remain in effect for 30 days or until the full hearing, whichever comes first. These orders address immediate safety concerns but do not establish permanent custody rights.
Permanent custody orders result from a full hearing where both parents present evidence, testimony, and arguments. The court evaluates custody under Georgia’s best interest of the child standard (O.C.G.A. § 19-9-3), considering factors including each parent’s relationship with the child, stability of the home environment, parental fitness, the child’s preferences (if the child is 14 or older), and any history of family violence or substance abuse.
Emergency custody can transition into permanent custody if the evidence supports it. Many clients who come to us for emergency orders ultimately secure primary or sole custody through the subsequent permanent custody proceeding. The emergency phase establishes a record that supports the longer-term case.
Why Work With Tannen Law Group
Court procedures vary across the counties Tannen Law Group serves. Knowing these differences saves time when hours matter.
Fulton County Superior Court handles emergency custody petitions through the family law division. Fulton County is one of the busiest courts in Georgia, and having an attorney who knows the filing procedures and judicial rotation helps avoid administrative delays. Johns Creek residents file in Fulton County.
Gwinnett County Superior Court processes emergency custody petitions efficiently, with judges who are experienced in family violence and child safety matters. Duluth, Suwanee, Norcross, Buford, Lawrenceville, and Sugar Hill residents file in Gwinnett County.
Forsyth County Superior Court is a smaller court with a more personal process. Emergency petitions often receive attention quickly due to lower case volume. Cumming residents file in Forsyth County.
Our office is located in Johns Creek at the intersection of Fulton and Gwinnett counties. Attorney David Tannen and Attorney Kevin Markes regularly practice in all three county courts and understand the procedural differences, judicial preferences, and local filing requirements in each.
- Our emergency custody services include:
- Immediate assessment of custody risks and legal options
- Prompt preparation and filing of emergency custody petitions
- Strategic presentation of evidence before the court
- Strong advocacy during hearings and follow-up proceedings
- Guidance toward stable, long-term custody solutions
- We approach emergency custody cases with urgency, professionalism, and a clear focus on the child’s best interests.
How Child Custody Supports Predictable Outcomes
Emergency custody cases require an attorney who can move fast without sacrificing preparation. Attorney David Tannen has practiced family law since 2002 and has secured emergency custody orders in Fulton, Gwinnett, and Forsyth County courts. Attorney Kevin Markes has handled over 500 family law cases, including contested custody matters involving allegations of abuse, substance exposure, and parental abduction.
Our firm’s location in Johns Creek provides practical advantages for emergency filings. We are within 20 minutes of both the Fulton County courthouse and the Gwinnett County courthouse, and within 30 minutes of the Forsyth County courthouse. When a same-day filing is necessary, proximity matters.
We also understand that emergency custody is not just a legal crisis, it is an emotional one. Director of Client Relations Melissa Barker, herself a former family law client, ensures that families in crisis receive direct, honest communication and compassionate support throughout the process.
Frequently Asked Questions
Custody matters often raise important questions. Below are common concerns.
How quickly can I get an emergency custody order in Georgia?
Georgia judges can grant emergency custody orders within 24 to 72 hours of filing when the petition demonstrates the child faces immediate harm. In urgent cases involving active abuse or imminent abduction, orders have been granted the same day. The timeline depends on evidence strength, the county court’s schedule, and whether the filing is procedurally complete. At Tannen Law Group, we prepare petitions for same-day filing whenever the situation warrants it.
What evidence do I need for an emergency custody petition?
Strong evidence of immediate danger is essential. Georgia courts accept police reports, medical records, photographs of injuries or unsafe conditions, text messages or voicemails containing threats, DFCS investigation reports, school records showing absences or behavioral changes, and sworn witness statements. The more specific and documented your evidence, the stronger the petition. Avoid relying solely on verbal allegations without supporting documentation.
Can I file for emergency custody without an attorney?
Georgia law allows pro se filing, but emergency custody petitions involve strict procedural requirements and tight timelines. An incorrectly filed petition can be rejected, delayed, or denied, costing critical time when a child’s safety is at stake. An experienced emergency custody attorney knows the local court’s filing procedures, evidence standards, and judicial preferences, significantly increasing the likelihood of a successful outcome.
What happens after the emergency custody order is granted?
The other parent is served with the order and given notice of a full hearing, which must occur within 30 days. At the full hearing, both parents present evidence and testimony. The judge then decides whether to continue, modify, or dissolve the emergency order and establishes a longer-term custody arrangement based on the child’s best interests.
Can the other parent fight the emergency custody order?
Yes. The other parent has the right to contest the order at the full hearing. They can present evidence, call witnesses, and argue that the emergency was not justified. This is why thorough evidence gathering and preparation are critical, the emergency order sets the stage for the permanent custody proceeding.
How much does emergency custody cost in Georgia?
Court filing fees for the emergency petition are typically $50-$75 depending on the county. Attorney fees vary based on case complexity, evidence gathering requirements, and whether the case proceeds to a full contested custody hearing. At Tannen Law Group, we provide fee estimates during the initial consultation so you understand costs before committing. We also offer payment plans for families in financial hardship.
Can grandparents file for emergency custody in Georgia?
Under O.C.G.A. § 19-7-1(b.1), grandparents can petition for custody when the child’s health or welfare would be harmed without the intervention. Emergency custody by grandparents typically requires showing that neither parent is fit or available to provide safe care. These cases have additional legal requirements, and an attorney can assess whether you have standing to file.
Our attorneys are here to provide clear answers. Contact us for a confidential consultation about your family law case.
Schedule A Consultation Today
Protect Your Child Now
If your child is in danger due to abuse, neglect, substance exposure, domestic violence, or risk of abduction, do not wait. Contact Tannen Law Group immediately.
Call or text (470) 560-7798
We respond to emergency custody calls outside business hours. Your consultation is confidential.
Tannen Law Group
6455 East Johns Crossing, Suite 425
Johns Creek, Georgia 30097
Your Free Consultation Includes:
Whether your situation qualifies for emergency custody under Georgia law
What evidence and documentation you need to file
The timeline and process for your specific county courthouse
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Not ready to call? Not ready to call? Read our guide: Father’s Rights in Georgia Custody Cases