Situations arise that call for the emergency transfer of custody away from an unsafe parent. The law has a mechanism that allows a judge to make a quick, temporary decision when a parent credibly alleges a child is in immediate danger.
Speak with a New Haven emergency custody lawyer at Dolan Divorce Lawyers if you believe you need an urgent change in custody or if a court has served you with an emergency order. Our skilled child custody attorneys can guide you through the process, protect your rights, and work for your children’s best interests.
Courts issue custody orders after carefully analyzing the children’s best interests. However, developments may warrant an urgent change to the arrangements.
Connecticut General Statutes § 46b-56f describes the standard a parent must meet to establish the need for an emergency change in custody. They must demonstrate an immediate, present danger of physical or psychological harm to the child.
A parent may request an emergency order because of violence or neglect in the co-parent’s home, misuse of alcohol or drugs when the children are present, or a credible threat to remove the children from the state without permission. Other situations may also meet the standard. Experienced legal counsel in New Haven can discuss a specific circumstance with a parent to determine whether an emergency custody order is the best option.
The legal process for obtaining emergency custody in Connecticut has two parts. First is the initial application, which can result in an immediate temporary order. Next comes a hearing at which both parties present their case for a change in custody.
A parent begins by filing for an ex parte custody order, which does not require notice to the other parent. The applying parent submits an affidavit detailing their concerns and stating the relief they seek, such as transferring the legal and physical custody to the applying parent or requesting supervised visits with the co-parent. If the judge determines that the situation poses an immediate danger to the children, they may issue an ex parte order or hear both sides before making a decision.
The court typically schedules a hearing as promptly as possible, but if the judge issues an ex parte order modifying custody, the court must hold a hearing within 14 days. When the applying parent receives the court’s decision on the emergency request and notice of hearing, they must arrange to serve the co-parent with it at least five days before the scheduled hearing.
On the hearing date, the parties typically meet with the Family Relations Officer, who will seek to reach a mutually acceptable solution. If the parties reach an agreement, they submit it to a judge, who issues it as a court order enforceable by the court.
When parents cannot agree, they each present their case to the judge. Parents involved in an emergency custody hearing will benefit from representation by an experienced New Haven attorney. If the judge issued an ex parte order, the court can vacate the order, make it permanent, or modify it. If there was no ex parte order in the case, the judge may grant some or all of the relief the applicant requested or decline to change the existing custody order.
If you are fearful for your children’s safety when they are with your co-parent, or if a court has served you with a notice of hearing on a request for an emergency custody order, speak with an experienced New Haven emergency custody lawyer at Dolan Divorce Lawyers. Our attorneys can provide guidance throughout the proceedings; get in touch today.
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