Understanding Emergency Child Custody In New Jersey

Are you worried for the safety of your child or the violation of your parental rights due to erratic behaviour or potential living situation changes from your ex-partner? In these cases, you can pursue an emergency child custody order in the New Jersey court system.

When you need to ensure that your child or children are safe, seek the help of an experienced family law attorney at the Law Office of Jordan B. Rickards. We will work quickly and efficiently with you and the court system to make sure that your ex-spouse cannot take your child out of the state, country, or can only have supervised visitation. Learn more about emergency child custody orders in today’s post and get in touch with our New Jersey law offices today to discover if this could be a good option for you in your time of need.

When Can I Get An Emergency Child Custody Order?

These orders will give one parent emergency custody rights over the child, which include preventing the other parent to take the child across state or national borders. If there is an active child custody case pending in court or if there is a special provision in the child custody case that prohibits the parent from taking the child out of state, it is already illegal for them to leave without consent.

If your ex has made a threat to take away your child, you will be able to file for an emergency child custody order to ensure that they are not allowed to leave.

What If My Ex-Partner Still Takes My Child Across State Or National Lines?

If the parent still leaves the state or country with your child, they will be charged with parent kidnapping. This is also known as custodial interference because it interferes with the rights each parent has. It is treated differently per state, but in most cases there will be an emergency custody order put in place to make sure your child cannot leave the state with them again.

When Is Emergency Custody Not Allowed?

In cases where the parent is only taking the child out of state or country for a short period of time, there cannot be an emergency custody case. This includes short trips, trips to theme parks, or other short vacations. Emergency custody can only be put into place if it is established that the partner is planning to permanently take the child out of the state against your will or agreed upon custody arrangement.

Get In Touch With A New Jersey Family Lawyer Today

If you feel that your custody rights or your child are in danger due to the actions of your spouse, get in touch with the Law Office of Jordan B. Rickards in New Jersey immediately. Our experienced lawyer will work with you and a judge quickly to establish facts and make sure that your child or children cannot leave the state without you. Contact us today to learn more about how our divorce and family attorney can help you!