Emergency Child Custody

Learn What to Do if You are in an Emergency Child Custody Situation

Are you facing an emergency child custody situation? Jennifer Sunderlin Morton, one of our family law lawyers in Albany has created the following educational video to help provide guidance.

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The custody process can often take several months to ultimately resolve, but if there is an emergency or an issue that needs to be addressed by the court immediately, one party can file an order to show cause, which is an expedited motion process to get the case in front of a judge sooner.

To file an order to show cause, the parent would need to file the document together with her or his affidavit or statement. The court would then consider the parent’s papers and may grant relief ex parte (without the presence of the other party), immediately pending an initial court appearance. Alternatively, in some situations, a judge may see the parent ex parte before the next court appearance and may grant the parent some limited, temporary relief. If there is no emergency, the parent should instead consult an attorney immediately, as attorneys are familiar with the process and may have means to get the matter in front of the court as soon as possible.

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