When something goes wrong with your child, it is always an emergency. Whether they have an allergic reaction or break their arm while playing with friends, it is always something that needs to be addressed immediately. However, is it something that needs to be addressed in the Court system? The answer is, “it depends.”
Although everyone hates to hear that answer from a lawyer, it holds strength and merit when it comes to what constitutes a custodial emergency.
Some examples of potential emergencies include, but are not limited to:
When filing an emergency petition, one has to consider numerous points, including the immediate danger to the child and the evidence collected to support that claim. Without true danger and substantial evidence to support the claim, there is a good chance the emergency petition will be denied almost instantaneously.
What one may be able to gather from the aforementioned is that each case is subjective. It is county-dependent and judge-dependent as to what is considered an emergency and what is not. This filing can have an effect on your credibility and your overall case. Therefore, before you file an emergency petition, check in with one of Obermayer’s custody attorneys and get our advice as to whether what you are about to file is an emergency or not.
The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.
Ed is an attorney in Obermayer’s Family Law Department. He focuses his practice exclusively on matrimonial law, handling cases involving divorce, custody, parenting time, child and spousal support, prenuptial agreements, cohabitation disputes,...
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