How to Get a Temporary Custody Order for a Child in an Emergency Situation
While most child custody matters are conducted civilly and on a non-urgent basis, these types of cases must sometimes be expedited because of the health and safety of a child. In these situations, a temporary custody order may be the best option while a more permanent custody plan is still being established.
This article will discuss emergency temporary child custody, including what evidence is needed to secure this type of custody, what the custody terms entail, and how a Brooklyn family law attorney can help.
What Is Emergency Child Custody?
Emergency child custody is used as a way to remove a child from a harmful environment when a child faces serious risks in a home situation. When a child is in danger, this type of order provides temporary guardianship until it is safe for the child to return to a home. Situations that may warrant the placement of a child in emergency custody include abuse, neglect, allegations of sexual contact, kidnapping risk, threats of violence, or the death or incapacitation of both parents.
Evidence Needed for Emergency Temporary Child Custody
In order to secure emergency temporary child custody for your child, you may need to provide additional forms of evidence for the court to review. It is necessary to prove that a child is in immediate danger of harm, and common forms of evidence include sworn statements, child protective services reports, and medical records that document injuries.
At a hearing for an emergency temporary custody order, the judge will only hear evidence that pertains to the emergency situation and not other related child custody matters. Judges award emergency temporary custody of children more often when physical abuse or drug and alcohol abuse are involved, rather than when a child is experiencing purely emotional abuse.
How Long Does a Temporary Custody Order Last?
Temporary custody orders last for different lengths of time depending on the case and usually ends with a motion that modifies it or a final order that is made after a hearing. Emergency orders can last for an infinite amount of time until they are modified by a subsequent order by the court. When you are going through divorce proceedings, temporary custody on a non-emergency basis typically lasts about as long as your divorce proceedings do.
Can a Temporary Custody Order Be Changed?
This is another common question among parents who are faced with an emergency situation involving children. Temporary custody orders are often difficult to change and require substantial evidence to persuade a judge to alter them.
However, changing a temporary custody order may be in the best interest of your children if one parent is violating the terms of the existing order, if children remain in harm’s way, or if one parent is planning to move away to a new location that is far away from the other parent. Alatsas Law Firm can help you change a temporary custody order by filing a motion, writing an affidavit, and collecting affidavits from other relevant parties who are knowledgeable about the children’s situation.
Temporary Custody Orders in Brooklyn
If you have additional questions about how to get a temporary custody order and what the process entails, please contact the Alatsas Law Firm. We are your local Brooklyn source for legal expertise, and we have a responsive, assertive, and accomplished team ready to help you in an urgent situation.
Please start a live chat with us or contact us by online form or phone to learn more about emergency custody or to initiate emergency action on behalf of a child. With a thorough understanding of New York law, we are standing by and ready to help you through any difficult legal situation.