When Are Emergency Custody Orders Necessary in New York?

A child is buckling the seatbelt on a booster seat in a car, with an adult's hand assisting, emphasizing the importance of car safety for children and DWI child custody awareness.

Unfortunately, for many parents, the most challenging aspect of divorce is knowing you may have to share parenting time. However, for some parents, this is more than just feeling sad. In reality, they may have genuine concerns about their child’s health and well-being when in the custody of their other parent. As such, it’s imperative to work with a Nassau County child custody lawyer to explore your legal options, which could include petitioning the court for emergency custody orders. Keep reading to learn more about this process and what to expect.

When Would the Courts Issue Emergency Custody Orders?

Generally, when parents go through a divorce or separation, the courts will determine child custody based on several factors. However, you may find that circumstances change over time, and new considerations may be present that impact your child’s health and safety. If you have well-founded concerns or reason to believe that your child would be in danger while in the care of their other parent, you can petition the court for emergency custody orders.

These orders would provide a temporary change to the original custody orders in place. You must have concerns regarding the mental, physical, or emotional health of the child. For example, if you pick your child up and they are covered in bruises or they inform you that they are being neglected, this can be grounds to file for temporary custody orders. Additionally, if you discover that their other parent is abusing substances with the child in the home or letting registered sex offenders in the home while your child is present, you may want to prevent your child from harm by refraining from letting them in the custody of this parent.

If I Have Concerns About My Child’s Safety, What Should I Do?

If you have concerns about what could happen to your child while in the custody of their other parent, the most important thing you should do is immediately contact an experienced family law attorney from Barrows Levy, PLLC. Our team will examine your circumstances to determine the best course of action. Generally, this is filing a petition for emergency custody orders with the court.

Having an attorney represent you during these matters is critical, as you’ll need to submit information during the filing that substantiates your claims. This can include photo evidence, text messages, medical records, police reports, and testimonials.

Working with an attorney can help you create the strongest case possible to protect your child. The courts rule in the best interest of the child, so doing what you can to prove the harm they face is critical to ensuring their safety.

At Barrows Levy, we understand how complex these matters can be. As such, we are dedicated to fighting for the best interest of you and your child if they are in danger. Reach out immediately if you need assistance handling these delicate matters.

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