The Colwell Law Group, LLCN/a
The Colwell Law Group, LLC 200 Great Oaks Blvd,(518) 213-4204
Albany, NY 12203 Get Directions
Albany, NY 12203 Get Directions
Few things are more troubling than when your child is in danger. If you are worried about a child’s health or safety, an Albany emergency custody lawyer is ready to assist you immediately. Any matter involving the welfare of your child is urgent, and our skilled child custody attorneys could help you protect your child.
If you have been through the legal system and there are orders in place, you know how the process can be complicated and overwhelming. When your child’s safety is your first concern, you need advocacy and prompt response.
Sometimes, a parent or another adult may file for emergency custody if they believe that a child’s life is in danger. Behaviors that may put a child’s health at risk include physical or emotional abuse, substance abuse by a parent or guardian, neglect (including failure to protect from exposure to serious contagious medical conditions), or the threat of parental kidnapping. Any evidence must support a finding of peril to the life or health of the child.
A court can issue temporary guardianship of a child if there is evidence of violence or danger in this minor’s home. Typically, the court awards a grandparent, other family member or close family friend temporary custody of the child in these emergency situations. A skilled Albany attorney could help someone collect the necessary evidence to support temporary emergency custody. Because these arrangements are temporary, if one party believes that a parent is “unfit” to have custody at all, they must file for a permanent change in custody once the child is secure.
There are several differences between emergent and standard family court motions, including jurisdiction, notice, and appearance of the other party. In interstate custody disputes, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJA) determines the court’s jurisdiction. For example, with few exceptions, a Pennsylvania court cannot change an existing custody order from New York. However, jurisdiction can become more complex in emergency situations.
Regarding notice, courts typically require several weeks’ notice to the other party before setting a hearing date. In emergency cases, however, courts waive the standard calendar requirements and can hear arguments quickly, sometimes on the same day. Additionally, in standard legal motions, one party must serve the other within a specific time and via a specific method. However, when filing an emergent motion, courts require only “emergency notice.” A party does not have to mail paperwork but must prove they made a “reasonable attempt” to notify the other party.
Emergency motions can be “ex parte,” meaning the court will hear the application without the other party present, especially in cases involving a child’s safety. However, courts are reluctant to deprive a party of their right to be heard in court, and so “ex parte” cases require proof of urgency. Courts are especially vigilant that litigants do not use the emergency process in frivolous cases. An Albany attorney could help file for emergency custody while assisting them through any additional legal challenges.
If you believe your child is at risk, do not hesitate to reach out to our team of Albany emergency custody lawyers today. We could help you file your case quickly and effectively to secure your child’s safety. Do not hesitate, call today if you believe a child you love is in danger in their home.
Seek the help of our experienced legal team today to go over your case and discuss how we can help