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What qualifies as emergency custody in NY?

You must demonstrate that the childs current environment is dangerous and must be changed immediately to keep them from harm. Usually, youll have to show that the child is in immediate danger of abuse or faced with another urgent situation to get an emergency custody order.

How fast can I get emergency custody?

While the legal process is swift, exact timelines can vary. Typically, emergency custody can be granted within a day or two. However, factors like court caseload, the clarity of evidence, and specific circumstances can influence the speed.

Why would emergency custody be denied?

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.

What happens after emergency custody?

After you file for emergency custody, the court will give you the necessary documents you need to serve the opposing parent. This is where its wise to hire a process server rather than to confront the opposing parent who may be angry or volatile.

What happens when you file for emergency custody?

Since the filing is an emergency, the court will review it the same day. After reviewing the filing, the court will either determine enough evidence to grant emergency custody or deny the request. Courts will deny the request if you dont have a sufficient basis or if they dont feel the situation is an emergency.