While certain custody and child support issues can be negotiated amicably, there are instances where one parent may worry about the safety of their children when under the care of the other parent. In cases like these, you may want to file for emergency custody.
In this article, we’ll outline how to file for emergency custody in New Jersey; explaining when to file, how long it can take, and what happens after obtaining it. If you need an experienced New Jersey child custody attorney, Graziano & Flynn is here for you. We’ve guided countless families in Camden County through the custody process, and can help you fight for the safety and protection of your children.
Contact us at the law offices of Graziano & Flynn, P.C. for a free consultation.
How to File for Emergency Custody in New Jersey
To file for emergency custody in New Jersey, you must submit an Order to Show Cause with the court, providing clear and convincing evidence that your child is in immediate danger. The application must detail the specific circumstances, such as instances of domestic violence, substance abuse, or child abduction, that warrant urgent judicial intervention.
Given the serious nature of these cases, the court may issue a temporary court order without prior notice to the other parent if the child’s safety is at significant risk. A follow-up hearing will be scheduled shortly thereafter to assess the situation and determine more permanent custody arrangements, including adjustments to parenting time if necessary..
When to File for Emergency Custody
There are several instances in which it may be necessary to file for an emergency order for child custody.
These include, but are not limited to, situations where:
- One parent has been arrested or is currently under police custody.
- One parent has taken the child to another state or country without permission of the other parent, otherwise known as parental kidnapping.
- The child has been subjected to substance abuse in the home.
- The child is being physically or mentally abused by the other parent or another person in the house.
- The other parent’s home is no longer livable due to eviction or termination of utilities.
- The other parent has abandoned the child.
If at any point you are concerned for your child’s safety, it is within your rights to file an emergency court order for custody.
How Long It Usually Takes to Get Emergency Custody
With the help of a New Jersey child custody attorney, the first step will be filing an Order to Show Cause with the courts. This will include an explanation of why you are filing for emergency custody and proof that your child is in imminent danger.
Emergency custody is a serious matter that is handled quickly to keep a child out of immediate and irreparable harm. For this reason, you will likely be seen by a judge for an emergency hearing within a few hours or, at most, a day or two after filing the motion.
In most cases, you will be required to notify the other parent of your intentions to file for temporary emergency custody to allow them to prepare for a custody hearing. However, this is on a case-by-case basis, and may not be necessary for circumstances where domestic violence is concerned.
Emergency Custody is a Temporary Order
If the judge determines that you have just cause to take custody of your children, you will be granted temporary physical custody. This does not mean that you will have permanent custody over your child, but rather that you will be granted custody temporarily to protect the safety of your child while a court hearing is arranged for permanent custody.
During the hearing in which you are granted temporary custody, the judge will set a date in the coming weeks in which future custody determinations between both parents will be made.
What Happens After Getting Emergency Custody?
After being granted emergency custody, your child will be placed temporarily under your sole care. This can be anywhere from a few weeks to a few months or until you are scheduled for trial.
During the follow-up custody hearing, both parties will state their cases for either upholding or overturning the temporary order. Depending on the circumstances, you may be allowed to bring other witnesses to support your case. The judge will then decide if the conditions established in the emergency order will become permanent or if a new arrangement will be made.
The judge will make their final decision based on the best interests of the child. If the other parent proves that they are willing to change the living situation that put their child in harm, a judge may grant joint custody. However, domestic violence or instances where one parent has been granted a permanent restraining order for abuse may be grounds for sole custody.
Emergency Custody in NJ FAQs
What Is An Emergency Custody Order?
An emergency custody order can be obtained by filing an Emergent Application / Order for Show Cause pursuant to New Jersey Rule 4:52-1. As an Order for Show Cause seeks injunctive relief, the parent requests this order must prove their case and satisfy the four legal requirements by clear and convincing evidence.
Unlike traditional Motions to Modify custody, courts review Orders to Show Cause much faster due to their emergency nature. In instances when an emergency child custody order is filed for substance abuse, domestic violence, or mental health concerns, the judge may request that the other parent be evaluated.
While other child custody complaints may take months to resolve in court, emergency custody orders can get your case seen immediately by a judge.
Who is Allowed to File for Emergency Custody in New Jersey?
In New Jersey, a parent or legal guardian who has custody or a significant role in the child’s life can file for emergency custody if they believe the child is in immediate danger. The filer must demonstrate that the situation requires urgent intervention to protect the child’s safety. In rare cases, a third party, such as a grandparent or close relative, may also file if they have substantial evidence of imminent harm to the child.
How Does Domestic Violence Factor into Emergency Custody Orders?
Domestic violence is a critical factor in emergency custody orders, as the court prioritizes the child’s safety above all else. If a parent can provide clear evidence of domestic violence, such as police reports, restraining orders, or witness statements, the court is likely to grant temporary custody to the non-abusive parent immediately. This ensures that the child is removed from a harmful environment while a more permanent custody arrangement is considered.
How The Child Custody Lawyers At Graziano & Flynn Can Help
Filing a temporary emergency custody order may be the best way to protect the safety and well-being of your child. If you need the support of an experienced child custody attorney who has the best interests of you and your child at heart, contact Graziano & Flynn. Our South Jersey family law attorneys have over 100 years of combined legal experience helping parents protect their children and their rights.
Contact us at Graziano & Flynn today.
