What is the Process for a 72-hour Hearing, a Court Emergency Custody Hearing or a Temporary Custody Hearing in Juvenile Court to Determine 3rd Party Custody?

There is an interesting case called Care & Protection of Emanuel in Massachusetts that talks about the process where absent or waiver meaning that the parents and child waive the right to a 72-hour hearing. The court would first determine whether the custody of the children should be removed from the child’s parents; or the present legal custodian or guardian.

The second part is to consider any nomination by either the child or his parents of either a relative or another individual to become the temporary legal custodian for the child while the care & protection matter goes on.

Most courts now have a better understanding and typically have a written waiver for parents to consider and children would also have their attorney do a valid waiver. There is some disagreement about whether or not the parents would have a separate 72-hour hearing regarding custody for themselves and then after that 72-hour hearing if they are unsuccessful would then have a home study done for the proposed 3^rd party custodians.  Then a separate hearing or whether or not it would all be intertwined in one hearing or different mechanisms that the courts have.

It is important to determine whether or not you want to waive your right to a 72-hour hearing for yourself or not; and if you do choose to waive your right to a hearing for yourself whether or not you would want to waive your right to a 72-hour for somebody that you would nominate and consider all those factors or whether or not  you want to look for a custody hearing for yourself and a 3^rd party custodian only unsuccessful or you would like both at the same time if the court is willing.