Emergency Motion To Return Child For Visitation In New York
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FAQ
If you want to change a temporary custody order, you'll have to file a motion, write an affidavit (written statement), and collect other affidavits from professionals, neighbors, friends, and family members who support your motion.
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.
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.
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.
At that point, they are no longer children, but legal adults. New York law requires parents to support their child and provides them with visitation until the child's 18th birthday. Sometimes there is a court order denying visitation or the terms state that the child can skip visitation if they don't feel like it.
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.
Notify and involve the other parent If your child refuses visitation, notify your co-parent as soon as possible. Use a method of communication that can document the incident and can prove when you told your co-parent.
California generally prohibits parents from withholding visitation unless there is a legitimate reason. Legitimate reasons can mean more than just disliking the other parent. Typically, a court needs to agree to withhold visitation if there is concrete concern that a child is unsafe when with the other parent.
Courts want the child to have a strong relationship with each parent if the parents are not together. However, if visitation would harm the child, the court can deny child visitation rights. For example, if a parent is abusive or neglectful towards the child or is abusing drugs, visitation rights may be denied.
