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How A Father Can Obtain Emergency Child Custody

Brad Micklin- How A Father Can Obtain Emergency Child Custody

As lawyers for fathers, the attorneys at The Micklin Law Group often see dads getting less than their fair share of child custody. Some loving fathers are ordered to only see their kids once or twice a week, which is enough of a disservice as is. Even worse, a small amount of these fathers have started to see warning signs about the other parent and know that this arrangement is dangerous for the child.

If your child is being abused or neglected or is in danger in some other way while living with your co-parent, you can obtain emergency child custody (also known as an ex parte order) to keep him or her safe while you work to permanently modify custody.

How to Request A Hearing for Emergency Custody

Your first step should be hiring a child custody lawyer for fathers who understands the process of filing for emergency custody; it can be a complicated process if you aren’t a professional. Your lawyer will know the local rules and with which court you should file the paperwork. He will use this knowledge to help you file the necessary forms, which may include not only an emergency motion for child custody but also a regular motion for custody (depending on your jurisdiction).

After the family law court receives your paperwork, it will schedule a hearing in front of a judge. Both parents are expected to attend. This hearing is your chance to illustrate why you should be granted emergency child custody.

What to Expect During An Emergency Temporary Custody Order Hearing

During an emergency custody hearing, your fathers’ rights attorney will speak to a judge on your behalf to illuminate your concerns about your child’s well-being. Evidence can be testimonial and/or you can provide documents such as photographs or social media posts to back up your claims. If your co-parent does not cooperate by showing up to the hearing, the judge will sometimes hold the hearing and review your evidence anyway.

The judge will then render a temporary order, which is the final decision. They may issue the order right away, or they may wait until a day or more after the hearing. A follow-up hearing will also be set in order to affirm that the initial decision is being followed by both parties and determine whether the initial temporary decision should be modified.

The Aftermath of Temporary Custody

The judge’s order has the force of law and remains valid until it is replaced or overruled. Even if your co-parent is unhappy with the judge’s decision, she must follow it. Failure to comply with the order could result in criminal charges.

Once an emergency custody order has been enacted, most fathers want to pursue a safe, long-term child custody plan. When preparing for your final custody order, your custody lawyer for dads will suggest some possible options to keep your child safe long-term. Your options include requesting sole custody of your child or requesting that their visits with the other parent are supervised. There will be plenty of time to think about that later, though. For now, focus on keeping your child safe in the coming days by quickly hiring a family law attorney and requesting an ex parte order.

Do you need to act quickly to keep your child safe? Consider hiring The Micklin Law Group for representation in your New Jersey emergency custody case. Our attorneys have been protecting fathers’ rights for decades; our top priorities include keeping your child safe and ensuring you feel supported. We’ll have an attorney working on your case right away so you can obtain emergency custody in a matter of days. You can reach our experienced legal team by calling 973-562-0100, texting 973-333-2037, or contacting us through our website.

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