In some situations, an emergency child custody hearing may be necessary to protect a child from harm. The court only grants emergency child custody hearing if an emergency remedy is the only way to protect the child from imminent harm. Emergent hearings may be held if the child is in danger because of:
- A parent’s drug addiction
- Child neglect or abuse
- The other parent is in police custody
- The child is living in a dangerous living situation because of the adverse conditions of the home
- A sex offender lives in the home
- A parent is a flight risk with the child
Emergency child custody hearings are held when a parent petitions the court. However, the parent petitioning the court must state why they are requesting an emergency hearing.
If the reason concerns visitation or child support, the court is unlikely to grant the request for an emergency hearing. Likewise, violations of a current custody order are not considered an emergency unless the violation places the child in imminent harm.
What Evidence Do You Need for an Emergency Child Custody Hearing in Monmouth County, NJ?
Judges only allow evidence that directly pertains to the emergency alleged in the petition. Any other matters related to child custody are held for the final hearing.
The party requesting the emergency hearing must include evidence demonstrating potential harm to the child. Evidence could include, but is not limited to:
- Sworn affidavits and statements
- Testimony from expert witnesses
- Reports from Child Protective Services
- Police and law enforcement reports
- Medical records
- Statements made by the child
- Reports from teachers, coaches, and others
- Videos, text messages, emails, photographs, and other evidence of abuse, neglect, or conditions that could injure the child
A judge reviews the petition for emergency hearing and the evidence presented with the petition. If the judge finds cause for an emergency hearing, the court schedules a hearing quickly, usually on the same day or within a few days.
What Happens During an Emergency Child Custody Hearing in New Jersey?
An emergency hearing is held without notifying the child’s other parent. Therefore, the hearing is slightly different from regular hearings. Your attorney presents evidence demonstrating the urgency of the matter to the judge. After considering your arguments, the judge issues an order.
If the judge finds evidence of imminent harm to the child, the judge may grant sole custody to the petitioning parent. However, sole custody is temporary.
Emergency child custody hearings are not intended to favor one parent over the other parent. They do not give a parent an advantage in a final child custody hearing. Instead, the temporary child custody order is intended to protect the child from harm until the court can hear additional evidence to determine final custody.
Judges consider numerous factors when deciding whether an emergency child custody order is necessary. For example, the judge considers whether a parent is a flight risk and if there is an established history of abuse or domestic violence. The judge will also consider any other factor that indicates the child could be in immediate danger of harm.
Who Can Request an Emergency Child Custody Hearing in Monmouth County, NJ?
Generally, a parent is the petitioning party in an emergency child custody hearing. The parent petitions the court for immediate sole custody of the child because the child is in danger. Typically, the child and the filing parent must be New Jersey residents. However, that requirement may not apply if the child has been kidnapped by the other parent and taken to New Jersey.
In some situations, a grandparent may file a petition for emergency child custody. The judge could grant the petition if they find the child is in immediate harm, and granting the grandparent’s petition is in the best interests of the child. If there is evidence of neglect or abuse, the New Jersey Division of Child Protection and Permanency (DCPP) files the petition asking the court to place the child in foster care.
You have the burden of proving your child is in danger for emergency child custody. Hiring an experienced Monmouth County child custody lawyer gives you the best chance of success.
Contact an Experienced Monmouth County Child Custody Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
