When Are Emergency Custody Orders Necessary in Kentucky?

Custody disputes are never easy—but when a child’s safety is at stake, Kentucky law allows for swift intervention through an Emergency Custody Order (ECO). These orders are designed to protect children from immediate harm, but knowing when and how to seek one is critical.

Definition of Emergency Custody Order

An emergency custody order is a short-term, court-issued directive that provides temporary custody of a child to one parent, guardian, or another responsible party. This type of order is issued without the usual notice or hearing that comes with a standard custody modification because of the urgent need to protect the child.

However, the courts do not issue these orders lightly. In fact, to be granted emergency custody, you must demonstrate that the child is at immediate risk of serious harm, such as abuse, neglect, or abandonment.

When Emergency Custody May Be Necessary

In Kentucky, emergency custody is governed by KRS § 620.060 and KRS § 403.740. Courts will only approve an ECO under specific and urgent circumstances, such as:

• Physical abuse or threats of violence: If a child is being physically harmed, or there’s credible evidence that abuse is likely, the court may issue emergency custody to remove the child from danger.
• Sexual abuse: Allegations of sexual abuse or inappropriate behavior involving a parent, guardian, or someone living in the household can prompt an ECO.
• Neglect: Severe neglect—such as leaving a young child unsupervised for extended periods or failing to provide food, shelter, or medical care—can be grounds for emergency custody.
• Substance abuse: If a parent is abusing alcohol or drugs in a way that puts the child at risk (e.g., using substances around the child or driving under the influence), the court may intervene.
• Abandonment or disappearance: If a parent has left the child in unsafe conditions or has gone missing without arranging proper care, an ECO may be necessary to ensure the child’s well-being.

How to File for Emergency Custody in Kentucky

To request emergency custody, a petition must be filed with the family court in the appropriate county. In addition, specific evidence needs to be presented that the child is in immediate danger. This may include:

• Police reports
• Medical records
• Sworn affidavits or statements from witnesses
• Photos or videos
• Text messages or emails showing threats or abusive behavior

The court typically reviews these requests ex parte, meaning the other parent is not initially present. If the judge believes there’s enough evidence of immediate harm, they will issue a temporary emergency custody order, often on the same day.

What Happens After the Order Is Issued?

Once an emergency order is granted, a follow-up hearing is typically scheduled within 14 days to allow both parents to present their case. At that point, the court may:

• Extend or modify the custody arrangement
• Return the child to the other parent if no ongoing threat exists
• Establish a more permanent custody plan as needed

The court will always prioritize the child’s best interests, and emergency custody is just the first step in a larger legal process.

Why You Should Consult an Attorney

Emergency custody cases move quickly and involve high emotional stakes. Having a skilled Kentucky family law attorney can make a major difference, not just in presenting strong evidence but also in protecting your rights and ensuring the child’s safety.

At Hoffman Walker & Knauf, we’ve helped countless families in Kentucky handle urgent custody matters with compassion and precision. If you believe your child is at risk, do not wait. We can help you act quickly and responsibly to protect what matters most.

Contact Our Legal Team Today

If you need to file for emergency custody or have questions about your child’s safety, contact Hoffman Walker & Knauf today to arrange a consultation. We’re here to provide trusted guidance when you need it most.