When Are Emergency Custody Orders Necessary in NJ?

emergency custody orders

Sometimes the current custody arrangement has to be addressed because it puts the child in danger. If you believe that staying with the other parent would be hazardous to your child, you can file emergency custody orders. This can help you quickly extricate your children from a potentially dangerous situation. Our child custody attorneys in Bergen County, NJ can help you learn more about how this process works.

What Are Some Reasons to File Emergency Custody Orders?

There are a few good reasons to file emergency custody orders. If you believe that your child is in any danger at all, filing orders and getting a hearing scheduled is often your best option. Valid reasons to involve the courts include:

  • Suspicion that the other parent or someone living with them is abusing your child
  • Your ex has threatened to move your child out of New Jersey to another state or country
  • Your ex or someone living with them has a substance abuse problem
  • Something has happened to dramatically change the living situation at the other parent’s home, like a weather event or the loss of utilities
  • The other parent is currently incarcerated
  • The other parent is in police custody

If you think that your ex, someone living with them, or the residence itself is dangerous, filing emergency custody should be your next move.

What Happens After Someone Files Emergency Custody Orders?

Once one parent files the emergency custody orders, a hearing gets scheduled. Usually, custody hearings take a while to get scheduled simply because New Jersey family courts are busy. When emergency orders are filed, a hearing can be put on the docket in just a day or two.

If you are the parent who filed for emergency custody, you then have to make your case. You cannot just file because you and your ex had some disagreement. There has to be a dangerous situation, like one of the ones we outlined above. Then you have to back up your assertions with evidence. Police reports, witness testimony, and correspondence between you and your ex like emails and texts can all help you make your case.

Do I Need an Attorney?

Having an attorney on your side is always a good idea in family court. These hearings can be stressful and it can be difficult to stay focused when you are concerned about your children.

Your lawyer can help you handle everything, from filing the emergency custody orders to building a case and going to the hearing. They can help you gather evidence and show that this filing was not a frivolous claim.

Contact Our Law Firm

When you need help filing emergency custody orders, our experienced family lawyers are there to assist you. Contact Townsend, Tomaio & Newmark and schedule a consultation. We know that time is of the essence, so we’ll quickly take a look at your case and help you navigate the legal process.

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