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Emergency Child Custody in New York

Posted on May 31, 2023

That pit in the bottom of your stomach that your child is no longer safe in the care of their other parent should not be ignored. If you have even the slightest doubt in your mind about the safety of your child, it is time to speak with an experienced New York child custody attorney about your situation. At the Law Office of Vivien I. Stark, P.C., our child custody attorney vehemently fights for clients who require an emergency child custody order to protect their children.

What is an Emergency Child Custody Order?

When an emergency child custody order is issued, it is done out of necessity due to the child being in imminent danger. The emergency order transfers custody of the child from one person to another. It does not have to be solely between parents either. Custody can temporarily be transferred to a grandparent, aunt, uncle, or other responsible adult based on the request filed and the decision of the court but only under extraordinary circumstances. The extraordinary circumstances include the following:

  • The custodial parent goes to prison
  • The child is being abused or neglected
  • The child has been abandoned by the custodial parent

It is up to you to prove to the court that your child is in imminent danger with their parent in order to have the temporary order granted. You will be required to appear before a judge the same day you file for the order, and the other parent will need to be present. If approved, the temporary order will only last until the next scheduled court date.

How to File for an Emergency Child Custody Order in New York

If you believe your child is in imminent danger with their other parent, you can file an emergency child custody order. This must be done by filing an order to show cause along with an affidavit and a petition for custody. When you file all of these documents, you must do so with the family court in the county where your child lives, not the county where you live. If you are about to file for divorce or are in the middle of a divorce, you can file for an emergency custody order with the Supreme Court of New York.

Why You Should Work With an Experienced Child Custody Lawyer

As with any legal proceeding, it is important to work with an experienced child custody lawyer when filing for an emergency custody order. You will need to present enough evidence to the court that your child is living in a dangerous situation. It is difficult to prove an emergent situation to a family court judge, which is why you should have a child custody attorney represent you in this situation.

Call a New York Child Custody Lawyer Today

Is your child living in a dangerous situation with their other parent? Are you in need of an emergency child custody order in New York? Call the Law Office of Vivien I. Stark, P.C., or complete a contact form today to schedule an appointment.

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