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Custody is defined by the legal system as the rights and responsibilities of parents and guardians to care for children, regarding their physical and mental well-being, as well as their education, religious upbringing and social development. Custody itself is divided into two categories: legal (the right to make decisions in the best interest of the child) and physical (where the kids reside).
So, what is emergency custody? This term applies when the child’s physical and/or mental wellbeing is placed in danger, and an immediate change to the current custody situation needs to take place. Some reasons for emergency custody being necessary may be:
A parent who is not taking the children to school a regular basis or not administering a child’s necessary medications can necessitate the other parent seeking the court’s intervention and/or a change in the custodial schedule.
Obviously, all the above are incredibly serious and difficult situations. If you think that your child has been subjected to any of these, and you are looking for emergency custody, the first thing you need to do is make sure your kids are safe. Perhaps there’s a family member and/or friend you trust with whom they can stay while you address the situation.
Then immediately schedule a consultation with a Hackensack Emergency Custody Lawyer from O’Cathain Law Group Family Law Department. We’ve handled these difficult types of cases before, and you need an experienced and dedicated family law team to guide you through this troubling time.
You will need to provide your attorney with any court order relating to the custody of your children and/or the parenting time schedule you share with your co-parent. Your attorney may need to apply to the court for an Order to Show Cause, which if the legal criteria are met, will provide you with an immediate hearing in the court. You will most likely need to ask the court to suspend your co-parent’s custody, or parenting time, or have the children immediately returned to you, while the accusations of harm to your children are examined. Or perhaps there is a monitoring system to be put in place to ensure your child’s needs are being met.
Depending upon the particular facts of your situation, the orders that are in place, the needs of your children, and what specifically your co-parent is doing or failing to do, an experienced emergency custody lawyer will know that relief to request of the court, what evidence you need and how best to present this all to the court.
If an Order to Show Cause, which is the legal family law mechanism to obtain emergency help, is called for, and the court grants it awarding you temporary relief, a date will be set for a return hearing. During the interim period your children will be safe and properly cared for, and you and your emergency custody lawyer will have the opportunity to develop your case more fully and gather the evidence you will need for the court so that the court can amend any prior order and issue an Order better protecting your children and ensuring their needs are met.
Timing is important—both in terms of protecting your children and in seeking the legal assistance and expertise of an emergency custody lawyer. Once you suspect your children are in danger or not receiving the care they need, immediately schedule a consultation with a Hackensack Emergency Custody Lawyer from O’Cathain Law Group Family Law Department. We’ve handled these difficult types of cases before, and you need an experienced and dedicated family law team to guide you through this troubling time.
Earlier we referenced the standard the court will use to make their decisions, in the best interest of the child. Anytime you’re facing a potential emergency custody issue, the situation is dire. Don’t lose hope: contact us today to protect your child and help your family Move Forward.