Emergency Custody Orders

Parents work hard to make sure that their children receive the care and nurturing that they require to grow and thrive.  During a marriage or stable relationship, parents will both work together to work toward this goal.  After a marriage or relationship disintegrates, however, parenting together with a former spouse or partner can be more complicated.  As the relationship between the parents turns sour, so, too, can their co-parenting efforts.  Getting an order discussing child custody and visitation is one way that parents can resolve their differences and get structure and definition concerning when each parent has the ability to spend time with the children.  These cases can last for months and take time to resolve.  In some situations, however, you may feel that the facts call for more urgent action and want to consider an emergency custody order.

Emergency custody orders are not appropriate in every custody case, even if the parents have an openly hostile relationship.  Disputes over how an order should be interpreted or whose turn it is to have a child on Easter will likely not meet the burden for emergency relief.  Instead, the parent seeking an emergency custody order will need to prove that if the court fails to act and sign the order immediately and without conducting a hearing first, the child will suffer immediate and irreparable harm.  This is a very high burden, and the court will not look kindly on parents who seek an emergency custody order for frivolous or non-emergency reasons.  Some of the more common reasons an emergency custody order may be granted would include if one parent is placing the child in danger by abusing drugs or alcohol while having the child in his or her care.  Another reason is where one parent has made credible threats that he or she is going to abscond with the child.  The presence of domestic violence in the home of one of the parents is also another reason an order may be granted.  If the judge does grant an emergency custody order, a hearing will be scheduled for soon after.  At the hearing, both parents will have the chance to present evidence supporting why the order is or is not necessary to keep in place. 

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We have extensive experience helping our clients with a wide variety of custody issues, including emergency custody orders.  Contact us today to talk about your children. 

Are you interested in seeking an annulment? If so, contact Williams Law Group, LLC right away. Our family law attorneys will review your case to determine if an annulment is an option. If it is, we will guide you through the process and ensure you make the best decisions for your future. Call our office at (908) 738-8512, email us atinfo@awilliamslawgroup.com, or contact us through our confidential online form to schedule a consultation

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