When Are Emergency Custody Orders Granted in New Jersey?

woman comforting young boy

For many parents, going through a divorce or breakup is difficult. Not only do you have to end your relationship, but you may also have to share custody of your child. However, if you have concerns about your child’s health and well-being when left in the care of their other parent, understand what your options are. In some instances, if urgent concerns arise, you can proceed with emergency custody orders. If you are unfamiliar with what this entails or why you need New Jersey child custody attorneys from Haber Silver Russoniello & Dunn to help you through this process, you’ll want to keep reading.

What Are Emergency Custody Orders?

If one parent believes that the other parent is abusing or neglecting their child when they have custody, they may petition the courts for emergency custody. By doing so, the courts can hear cases of urgent matters to change the prior custody arrangement to ensure the best interest of the child. For example, if you have reason to believe that your young child’s other parent left them home alone at night to go out with friends, you can file a petition with the court. Additionally, if your child returns from time spent with their other parent covered in bruises, you can file to prevent your child from having to return to their care.

When Would the Courts Grant These?

Generally, the courts would only grant emergency custody orders when the child is in immediate and imminent danger. Additionally, the parent filing the motion must fulfill the burden of proof for these orders to be granted. The following evidence can be submitted to support your claims:

  • Photographs
  • Police reports
  • Medical records
  • Text messages or email conversations
  • Statements from teachers

For example, if you can prove that your spouse left your child in the care of a registered sex offender when they had custody or your child came home with injuries a doctor determined could have only occurred when they were with their other parent, this can help warrant the granting of emergency orders.

If I Have Concerns Regarding My Child, What Should I Do?

When you have concerns about the health and safety of your child, it’s imperative to take the necessary steps to protect your child while ensuring you do not do anything that can harm your rights. Generally, the most important thing you should do is connect with an experienced attorney as soon as possible to discuss your circumstances. They can help you file a motion with the court to ensure it is filed correctly so as not to delay your case further. Additionally, if you make an error, it can severely inhibit your ability to file against your spouse again, as the courts may consider them erroneous filings.

Because this is a serious matter, it’s imperative to connect with an experienced attorney as soon as possible to discuss these circumstances. At Haber Silver Russoniello & Dunn, our dedicated legal team understands how overwhelming these issues can be, which is why we will do everything in our power to fight for the best interest of you and your child. Connect with our team today to learn how we can fight for you.