A parent may pose a danger to their children or threaten to deny the other parent access as ordered by a court. In these cases, it may be necessary to bring an emergency motion regarding custody.
A Southbury emergency custody lawyer can help you every step of the way. Our firm’s seasoned child custody attorneys will advocate aggressively to protect your children and custody rights.
Applications for emergency custody ask a court for extraordinary relief. Applicants will not be granted this relief unless they can demonstrate that it is necessary to protect themselves or their children from harm.
The harm could be physical or emotional or result from a serious violation of the custody order. Situations that could justify an application for emergency custody include the following:
A threat against the parent that makes it dangerous for them to interact with the co-parent also could be the basis of an emergency order. A parent facing an urgent situation should contact a Southbury attorney to discuss whether applying for an emergency custody order is the best response in a particular case.
Connecticut General Statutes § 46b-56f govern emergency custody orders, which involve a two-step process. The first step is obtaining an emergency order ex parte, without notice to the other parent. The second step is a hearing where both parents can present their arguments.
A parent requesting an emergency order must file an application at the courthouse with a sworn affidavit describing the reasons for the request. The affidavit must clearly explain how granting an emergency custody order serves the children’s best interests. A Southbury attorney can draft a persuasive affidavit for a parent seeking an emergency custody order.
The judge will hold a hearing, and the parent requesting the emergency order can explain why they need it. If the judge is convinced that granting the order will be in the children’s best interests, they will issue an emergency custody order that takes effect immediately. The sheriff will serve the emergency order on the other party, along with a notice containing the date for a hearing that both parents must attend.
A judge granting an emergency custody order must hold a full hearing within 14 days and cannot grant a postponement unless both parties agree.
At the formal hearing, both parties must appear and present their arguments for or against the emergency custody order. Each side can present witnesses and any other evidence they have supporting their position.
The court will decide whether to make the emergency order permanent, vacate it, or modify the original order. As in all matters related to custody, the judge’s decision will be based on the children’s best interests. A Southbury lawyer can help parents frame and present their arguments, emphasizing how their emergency custody goal represents the children’s interests.
Feeling that your child is endangered or that your co-parent might seriously interfere with a custody order can create panic. The law provides a method for you to quickly counter the threat.
Contact a Southbury emergency custody lawyer for help. They can walk you through the process, prepare the necessary documents, and represent you in court. Get in touch right away to learn more from a seasoned family attorney.
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