When Can You Ask for Temporary Emergency Custody?

If you suspect your child is in imminent danger, your instinct is to protect him or her at all costs. In some situations, it is necessary to take your child to a safer environment, away from the harmful parent. If you share custody or if the other parent has parenting time rights, however, you may not be able to take your child without permission or a court order. A court order can grant you temporary emergency custody. This will allow you to take your child somewhere safe or withhold access from the other parent, without the risk of violating any of the other parent’s rights.

Temporary Emergency Custody Orders

Temporary emergency custody orders can be obtained in emergency situations where your child’s safety is at stake. If you need to get emergency sole custody of your child in order to protect him or her from imminent danger, you should consult with an attorney. You will need to prove to the judge that your child is in imminent or immediate danger of abuse or mistreatment. An order for temporary custody can last just a few days or long enough to have a final hearing on the case. After a final custody hearing, the other parent may be allowed to see your child again, but they may need to complete certain steps, such as drug treatment or counseling, first. The visits may also need to be supervised for a period of time.

You may also get temporary custody if you have been the victim of abuse and have a temporary restraining order against the abuser. This would allow you to take your child with you and prevent the abuser from contacting you or your child. The abuser may be allowed parenting time once a permanent restraining order is issued or even upon immediate appeal of the temporary restraining order’s limits on access to the child.

In any case, call 911 if your child is in immediate danger, and then call an attorney. Protecting your child appropriately requires understanding how great the risk of danger is and finding the right advocate for your situation. Consult with an experienced New Jersey child custody attorney if you have questions about temporary emergency custody. The process to get an emergency custody order can be complex, and it moves quickly. An attorney can help you navigate the process so you can get protective custody of your child as soon as possible and keep you informed of your rights during the process.

Do you have questions about getting sole custody? If so, Williams Law Group, LLC can assist you. The skilled attorneys at Williams Law Group, LLC can help you do what it takes to protect your child. Located in Union, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 738-8404, email us at info@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.

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