During a separation or divorce, child custody is a major issue. It can lead to arguments and lengthy custody battles. Everyone’s parenting styles are different, but if you fear that your child is in danger with their other parent, it may be time to file an emergency custody order. For more information and representation, contact a Sussex County, Sparta child custody attorney who can help.
What is an Emergency Custody Order?
An emergency custody order is a request that someone may make if they feel their child is in danger or at risk of harm. Filing this order means that you are petitioning the court to give you or a trusted person temporary emergency custody of your child so that you can protect them from the hazards of the other parent.
Who is Allowed to Petition the Court?
Most people would assume that only parents would be able to file for emergency custody. They are the most common petitioners, however the right to file a request extends to others as well. Grandparents, other relatives, or even non-family members can potentially petition for emergency custody.
Why Would a Judge Approve My Emergency Custody Order?
A judge will always rule in a way that is most beneficial to the child involved. If your child is truly in danger, a judge will take your request seriously and rule how they see fit. Some examples of reasons that a judge would grant you an emergency custody order include the child enduring:
- Abuse
- Neglect
- Abandonment
- Exposure to dangerous substances
There are other reasons a court may rule in your favor that do not have to do with the physical well-being of your child. A judge may grant you the order if the other parent:
- Is refusing you your parental visitation rights
- Took the child out of the state or country without permission from you or a court
- Is in police custody or is incarcerated
Any of these reasons are valid enough for a judge to grant you an emergency custody order. Violating court agreements or endangering your child is certainly grounds for limited custody.
What Will Happen After the Order is Granted?
If a judge grants you the emergency order, the child will almost immediately go into the newly decided custody. It can happen on the same day as the order or a few days afterward. This new custody order is valid until the next full trial. During the next trial, the judge will reevaluate the facts of your case and hear an argument from the other parent if they wish to give one. The judge can decide to extend the order, dismiss the order, or remove the temporary order and replace it with a new official order.
Come prepared with as much information and evidence as possible to ensure the best outcome of this trial and the safety of your child.
