While no one wants to believe that their child(ren) is in danger of harm from their other parent, the unfortunate reality is that this situation can happen. These dangers can take different forms, from threats of abuse to the potential for parental kidnapping. New York law provides you with resources to protect your child(ren) when a threat is imminent.
When you believe your co-parent represents a risk to your child(ren), a Saratoga Springs emergency custody lawyer is here to help. There is a process that allows you to petition for emergency custody in these situations, and a skilled child custody attorney may be able to answer your questions about how it works.
The Courts in Saratoga Springs stay busy throughout the year. This backlog can mean waiting weeks or months to get a hearing, even on routine matters. While that may not be a problem in most situations, time is of the essence when a child is at risk.
To address dangerous situations that cannot wait, the Courts have the power to issue temporary child custody orders when the petitioning party can show imminent threat. The other parent will get a chance to be heard in Court at a later date. The judge will determine at this hearing if the emergency Order should be dropped or extended.
A parent generally files these petitions, but that is not always true. In cases where there are signs of abuse or neglect by both parents, a grandparent or other family member may be allowed to intervene with the help of an emergency custody lawyer in Saratoga Springs.
State agencies also have the power to file for emergency custody any time they feel a child is in a dangerous environment. Depending on the circumstances, they may temporarily place a juvenile with other relatives or even in foster care.
State law does not grant these petitions without a good reason. The Courts presume a parent is acting in the best interest of their child(ren) unless there is evidence otherwise. The person petitioning the Court must establish why a juvenile is in danger. A Saratoga Springs emergency custody attorney may be able to help in the following scenarios:
One of the most common reasons for an emergency Order is when there are signs of abuse or neglect. Any time a child is in danger of abuse, the Courts can act quickly to award temporary custody to someone else.
When one parent suspects the other intends to take the child(ren) and flee the jurisdiction, they can petition the Court to remove their custody rights for the time being. Evidence of this plan must be presented in order for a judge to act.
When a parent is incarcerated, they cannot take care of their child(ren). The Courts can intervene immediately after an arrest to ensure the child(ren) is provided for.
It is never easy to deal with the possibility that your child is in danger, especially if the relationship with the other parent is already complicated. However, you have the right to petition the Court to act in situations where you suspect abuse.
Let a Saratoga Springs emergency custody lawyer serve as your advocate. Call right away for your complimentary consultation with a compassionate family law attorney.
Colwell Law
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(518) 462-4242
513 Broadway