This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Emergency Motion To Return Child For Visitation In Bronx
Category:
State:
Multi-State
County:
Bronx
Control #:
US-000277
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Word;
Rich Text
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FAQ
If you believe the child is in imminent danger, there is a place on the petition to request immediate, temporary relief. In such cases, a Judge reviews the petition and makes a determination of how best to protect the child. There are no filing fees in Family Court.
Emergency custody orders are initially temporary. When you file for such an order, you go before a judge typically on the same day you file it without the other parent's presence. If the judge grants the emergency order on that day, it will last only until the next court date.
The emergency petition for custody must include a signed affidavit that states the child is in imminent danger of harm and should include documents or evidence that support the claim. The more thorough and solid the evidence, the more likely the judge will be to grant the emergency motion.
Temporary Order: The emergency custody order will stay in place until the court schedules a more in-depth custody hearing. During this time, you and your attorney should continue to gather evidence and build your case for the final custody decision.
A Guardianship case can months to complete. Initially, a petition is filed with the Court along with a proposed Order to Show Cause. After review, the Court will sign the Order to Show Cause which sets the Court date which is usually 3-4 weeks later.
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child's other parent may not be in attendance to present their side.
More info
If you believe the child is in imminent danger, there is a place on the petition to request immediate, temporary relief. Notice of Motion-Sibling Placement or Contact.The most critical can be the other parent's use of an emergency motion to manipulate a child custody dispute. Either parent can file a petition to change custody or visitation. Complete General Form 17 to petition for custody or visitation. If you are the custodial parent, you can also file a Writ of Habeas Corpus in conjunction with the Order to Show Cause. After review, the petition or pleading is sent to the Family Court in the county where the non-custodial parent lives. However, merely because you want one does not mean a judge will grant you one.