Emergency Motion To Return Child Without Court Order In Bronx
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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.
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm. However, understanding what constitutes emergency custody can be complicated.
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 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.
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.
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.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
Legal custody is when an adult has the responsibility of making important decisions – such as medical or religious decisions – about the life of a child. Who has custody of a child if there is no court order? Unless a court makes another decision, parents have equal rights to physical and legal custody of the child.
