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If the child is currently in the non-home state and the child was abandoned or needs protection, a parent can seek temporary emergency custody.
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It is recognized as an important social problem by governmental and non-governmental agencies, and various Violence Against Women Acts have been passed by the US Congress in an attempt to stem this tide.
Victimization from domestic violence transcends the boundaries of gender and sexual orientation.
For example, a dispute over regular visitation would not rise to the standard of an emergency.
In addition, a violation of an existing custody order typically would not be addressed through an emergency hearing.
Domestic violence in United States is a form of violence that occurs within a domestic relationship.
Although domestic violence often occurs between partners in the context of an intimate relationship, it may also describe other household violence, such as violence against a child, by a child against a parent or violence between siblings in the same household.
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A parent may seek emergency temporary custody when the other parent presents an immediate danger to a child.
Substance abuse by a parent, abandonment, and other reckless or threatening behavior can constitute grounds for a court to issue an emergency custody order.
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