Child custody is one of the most hard-fought matters in divorce cases. Some parents are able to negotiate a parenting plan and time-sharing arrangement without litigation. In other cases, the parents go to trial and the judge determines what is in the child’s best interest for custody.
The judge generally awards temporary custody in a divorce pending the final hearing. At the final hearing, the judge enters a final custody order. However, circumstances may require a parent to move quickly to protect their child. In those cases, the parent can request emergency temporary custody.
How to Obtain Emergency Temporary Custody of Your Children in Monmouth County, New Jersey
Emergency child custody may arise in a divorce case. However, a parent, legal guardian or the state can request an emergency child custody hearing to protect a child from danger or harm. To bring the matter before the court, the parent must file a motion for an Emergent Hearing with the Superior Court Family Division for Monmouth County.
The information included in the motion must contain sufficient information to convince a judge that an emergency hearing is the only way to protect the child from harm. There must be an actual threat to the child for the court to grant a hearing.
Potential grounds for an emergency temporary custody hearing include, but are not limited to:
- There is a reasonable belief that a parent is a flight risk and could take the child out of New Jersey
- A parent has been taken into police custody or incarcerated
- A sex offender has moved into the child’s home
- There is credible evidence of child abuse, neglect, and/or abandonment
- A parent’s drug and/or alcohol use is endangering the child
- The child’s home is dangerous because of the adverse conditions of the home
- There are credible allegations of domestic violence and/or abuse
- There is a threat of imminent harm to a child if the court does not act immediately to determine what is in the child’s best interest
The more information you include in the motion supporting your allegations, the better the chance of receiving an emergency hearing. Specific details are more convincing than general allegations.
What Types of Evidence Are Needed to Win Emergency Temporary Custody of Your Children in New Jersey?
At the emergency hearing, the petitioner presents evidence to the court proving the child will be harmed if the court does not grant them emergency temporary custody. The other parent may present evidence and testimony refuting the petitioner’s allegations for full custody.
Evidence in an emergency temporary custody case may include, but is not limited to:
- Sworn statements and affidavits from interested parties, including parents, family members, teachers, coaches, friends, etc.
- Medical records
- Police reports and law enforcement records
- Reports from Child Protective Services
- Testimony from expert witnesses
- Emails, videos, photographs, text messages, and other evidence of neglect, abuse, or harm to the child
- School reports and records
The court will only hear evidence that pertains directly to the allegations in the emergency motion. The judge considers the evidence and determines whether to grant temporary custody. If the judge grants custody to the petitioner, it is temporary until the court holds a full hearing to determine child custody.
What Is an Ex-Parte Emergency Temporary Custody Hearing?
In most situations, the respondent (i.e., the opposing party) must receive copies of filed papers and notice of hearings. Therefore, your child’s other parent will receive copies of the motion filed with the court. They can appear at the hearing to argue against granting temporary custody.
However, the court can grant an ex-parte emergency hearing if the circumstances justify doing so. The opposing party does not receive notice of an ex-parte hearing. In other words, your child’s other parent is not served with your motion or notified of the hearing. The judge decides the matter based solely on the evidence you present.
The court takes ex-parte hearings seriously because a party is denied the right to appear. Therefore, judges only grant ex-parte emergency temporary custody hearings when there is sufficient evidence to establish the child would suffer immediate or permanent harm if the court fails to act.
Regardless of whether the judge is conducting a full custody hearing or a temporary child custody hearing, the law requires the court to act in the best interest of the child.
Learn More During a Confidential Consultation
Child custody cases are extremely sensitive matters that may involve heated disputes. At The Law Office of Jennifer J. McCaskill, LLC, our legal team has extensive experience in custody matters. Call now at (732) 747-1882 or contact us online for a free case evaluation with a Monmouth County child custody lawyer.
