If you suspect that your child’s safety is at risk, you may file an application with the Court to secure an emergency custody order. New Jersey law allows a parent or legal guardian to request an emergency custody modification based on immediate and irreparable harm to a child.
Navigating the legal process of emergency custody requires the guidance of an experienced child custody lawyer who understands the complexities of family law. A New Jersey emergency child custody lawyer can act quickly to protect your child’s well-being.
Understanding Emergency Custody
Emergency custody orders are typically temporary modifications issued when a child is at risk of immediate and irreparable harm. Family law attorneys handling these cases must present compelling evidence to demonstrate the need for immediate legal intervention. A judge evaluates the case based on the child’s best interests, as well as the situation’s urgency.
A family law attorney may help a parent file for emergency custody in New Jersey under circumstances that include:
- Domestic violence
- Violation of an existing custody order resulting in a parent not getting their visitation
- Substance abuse that endangers a child
- Mental health issues putting a child at risk
- Parental abandonment or failure to provide care
- Evidence of abuse or neglect by the other parent
- Hiding a child from a parent or a parent removing a child from the State without consent
The role of the attorney includes piecing together evidence supporting claims that the child is at risk of immediate and irreparable harm and making a legal argument for an emergency order based on the law governing emergency orders.
Legal Standard for Emergency Custody
In order to obtain an emergency custody order, the parent filing for the order has the burden of proof to prove by clear and convincing evidence that the child is at risk of immediate and irreparable harm and that the relief they are seeking is necessary to prevent that harm. They must also show that they have a legal right to the relief they are seeking. They must also show that they have a reasonable probability of success in terms of what they are seeking from the Court in the long-term. Lastly, they must show that the hardship to them and the child is greater than the other parent’s hardship if the Court were to deny the relief they are seeking.
Importantly, if an emergency order is granted, it does not automatically lead to a permanent change in custody. Follow-up hearings will determine long-term arrangements.
Additionally, the court considers the best interests of the child when making custody determinations.
The Process of Filing for Emergency Custody
In order to file for emergency custody, a parent must file an emergent application for an Order to Show cause with the Court. This emergent application must include clear and convincing evidence of irreparable harm to the child, such as attaching police reports, medical records, or sworn statements from witnesses and providing the Court with video or audio recordings and photos. Next, the Court will review the emergent application and may schedule a hearing within a short timeframe, typically within a matter of days or even the same day. If the Court finds it appropriate, the Court may issue an emergency temporary custody order until a full hearing can be held.
At the hearing, both parties will have the chance to present evidence and testimony. The judge will consider the circumstances and evidence and determine whether the emergency custody order should remain in place, be modified, or be dismissed. If the Court grants emergency custody, the case may advance to more extensive hearings where long-term decisions are ultimately made. Parents may also have the opportunity to consider mediation and parenting plan modifications. A lawyer in New Jersey can support and advocate for you during an emergency custody hearing and any additional hearings after that. It is also best to have an attorney prepare and file the emergent application in the first place because this important paperwork will be the first thing that the Court considers before making any decisions. If the paperwork is deficient or ineffective, the Court may simply deny and dismiss the application outright without taking any further action.
A New Jersey Emergency Custody Attorney Can Help
If you need to file an emergent application and navigate an emergency custody proceeding, you will benefit from hiring a family law attorney. The legal team at Moskowitz Law Group can assist by preparing and filing emergent an application, gathering evidence, advocating for long-term custody solutions, and advising parents on their rights and responsibilities.
If you believe your child is in danger, do not wait to seek legal assistance. Our New Jersey emergency custody lawyers can guide you through the process as you work to protect your child’s safety. Contact our firm today to discuss your case and take the next steps forward.
