When Are Emergency Custody Orders Necessary in New York?

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When it comes to custody battles, New York courts will always strive to make choices that reflect the child’s best interests, while hopefully allowing the child to have a relationship with both parents. However, it does not always work out this way. If you believe that your child is in danger with their other parent or if your parental rights are being denied, it can be frustrating and scary. Contact a Suffolk County child custody lawyer to find out how to file an emergency custody order.

What is an Emergency Custody Order?

An emergency custody order can change or assign custody of a child if the child is in danger. Custody battles can be time-consuming, so when there is imminent danger they cannot afford to wait for the legal proceedings. These orders grant the awarded person the responsibility of the care of a child, typically for a temporary period. At the next court date, the judge will evaluate the new facts and decide which action to take, whether that is extending the order or dismissing it.

Who Can File?

Typically one parent will file an emergency custody order for a variety of reasons. However, grandparents, other family members, or even non-relatives with a close personal connection can petition the court for an emergency order if they believe the child is in danger.

A request like this can only be filed if you can show a court that the child is in danger in their current environment.

Why Would a Judge Grant an Emergency Custody Order?

There are many reasons why a judge might grant someone an emergency custody order. A judge and court are always looking out for the child, and in some cases, this means granting a custody order. The following are situations that may warrant an order from the judge:

  • Abuse
    • If you believe that your child’s other parent is abusing your child in any way, whether physically, emotionally, sexually, etc. it is important to get them out of that situation. A court will want to prevent any harm from coming to your child.
  • Neglect
    • If the other parent is neglecting your child’s needs including education, medical treatment, food, and more it may be grounds for a judge granting you an emergency custody order.
  • Abandonment
    • If the other parent is abandoning your child and leaving them with other family, friends, or on their own, it can be dangerous. As a parent you have the right to your child over these other people.
  • Dangerous environment
    • If your child’s other parent is partaking in extensive amounts of drugs or alcohol to the point where it is a hazard for your child, you could potentially be awarded emergency custody.
  • Refusing visitation
    • If the other parent is denying you your right to see your child so you are unsure if your child is safe and happy, you can apply for an emergency order.

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