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When Can I File Emergency Custody Orders in New Jersey?

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Like many parents, the thought of spending time away from your child can be upsetting. For those who have separated from their child’s other parent, this is an unfortunate reality, as you may share custody of your little one. However, when that sadness turns to fear for your child’s health, well-being, and safety, you may not know what to do. If you have reason to believe your child would be or is in imminent danger when in the custody of their other parent, you can file for emergency custody orders. Keep reading to learn about these measures and why you must consult a Somerset County child custody lawyer as soon as possible

What Are Emergency Custody Orders?

When a parent has reason to believe their child is in imminent danger while in the custody or care of the other parent, they may not know what to do. However, New Jersey allows parents going through this matter to file for an emergency custody order. Your case will be handled almost immediately, depending on the circumstances. As such, if your child is in urgent danger, this can help ensure their health and well-being.

It’s important to understand that if your child is not actually in danger or you are lying on purpose to change your outcome, it can severely negatively impact how your case is handled. The judge will likely hold this against you.

Common reasons a parent may need to file an emergency custody order include, but are not limited to, the following:

  • The custodial parent has been incarcerated
  • There is a reasonable threat the parent will kidnap the child
  • The other parent has abused or neglected the child
  • The living situation is uninhabitable (electricity or water has been shut off)
  • The child is exposed to illicit substances while in the custody of the other parent

If you file an emergency order, you must have evidence to help support your claim. For some circumstances, like the other parent being placed under arrest, this can be easy to obtain. However, other claims may be harder to substantiate.

What Should I Do if I Believe My Child is In Danger?

If you have reason to believe your child is in danger while in the care of their other parent, you can file emergency custody orders.

It’s important to understand that you should not change the custody schedule without a court order. Even if you have reason to believe that your child will be in danger, doing so can negatively impact how the judge treats your case.

Fearing for your child’s safety can be heart-wrenching for any parent. As such, it’s in your best interest to connect with an experienced family law attorney who can help you through these matters.

At the Siragusa Law Firm, our team understands how complex it can be to navigate your custody arrangement when you have reason to believe your child is in danger. That’s why our team will do everything in our power to assist you through these complex matters to fight for the health and well-being of your child. Connect with us today to discuss your legal options.

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