Arons & Solomon Divorce Lawyers | October 10, 2022 | Child Custody
If you’re involved in a child custody dispute in New Jersey, you may find yourself in an emergency hearing. Here’s what you need to know about how these proceedings work.
What Is an Emergency Child Custody Hearing?
An emergency hearing is a type of hearing that is held when there is an urgent matter that needs to be addressed by the court. Emergency hearings are typically held when one parent has filed for an order of protection or when there are allegations of abuse or neglect.
In New Jersey, emergency child custody hearings are held when one parent believes that the child is in imminent danger if they remain in the care of the other parent. These hearings are typically short and can be held without notice to the other parent.
If the judge presiding over the case believes that there is indeed a risk of harm to the child, they will issue a temporary order granting custody to the requesting parent. This order will remain in place until a full hearing can be held to determine whether it should be made permanent.
How Do I Request an Emergency Hearing?
If you need to request an emergency hearing, you will need to file a motion with the court, referred to as an Order to Show Cause. In your motion, you will need to state the reason why you are requesting an emergency hearing. Once your motion is filed, the court will review it and decide whether to grant your request. If it’s granted, they’ll schedule a hearing soon.
What Happens at an Emergency Hearing?
At an emergency hearing, the judge will hear from you and your reasons and evidence why you’re requesting emergency custody. Then the court makes a decision on the matter at hand. The judge may also make a temporary order that will remain in effect until a full hearing can be held.
It’s important to note that emergency custody orders are just that—temporary. They are not meant to be a way for one parent to gain an edge in a custody dispute. Rather, they are meant to ensure that a child is safe from harm until a more thorough investigation can be conducted.
What Do Courts Consider When Determining Whether To Grant Temporary Child Custody?
The first ground that courts in New Jersey may consider is the risk of harm to the child if they are left in the care of one of the parents. If there is evidence that the child would be at risk of harm if they were to remain in the care of one of the parents, then a court may find that it is necessary to grant a temporary emergency custody order.
The second ground that courts in New Jersey may consider is the risk of flight by one of the parents. If there is evidence that one of the parents is likely to flee the state with the child, then a court may also grant a temporary emergency custody order.
The third ground that courts in New Jersey may consider is whether either parent has a history of domestic violence. If there is evidence that either parent has a history of domestic violence, that condition could lead to an emergency order as well.
Contact a Bergen County, New Jersey Family Law Attorney Today
Nothing is more important than your child’s safety. If you need to request an emergency child custody hearing, you may fear that your child’s safety is in danger. Don’t mess around. Speak with a trusted and experienced Bergen County, New Jersey, family law attorney immediately.
Contact the experienced family attorneys at Arons & Solomon Divorce Lawyers today for legal assistance. Visit our law office in Bergen County or give us a call at (201) 487-1199 to schedule a free consultation with our team.