Emergency Custody Orders in Michigan: When and How to File

Traditional court processes can move slowly and are often ill-equipped to address urgent matters that need immediate attention. Fortunately, when a crisis happens, the law empowers Michigan courts to consider and enter emergency orders. Such orders include those that affect your child’s physical and legal custody.

Knowing when and how to use these emergency procedures now can help you take decisive action when time is of the essence. While these emergency orders are intended to be temporary, obtaining an emergency custody order can be the key to keeping your child safe in certain situations.

What Courts Can Do Through Emergency Custody Orders

Emergency custody orders can address the same issues that regular custody orders entered in divorce and custody proceedings touch on. For instance, a court can temporarily:

• Award you sole physical custody of your child
• Suspend any visitation and contact between your child and the other parent
• Enable you to make unilateral decisions about your child’s care
• Prohibit other individuals from having contact with your child
• Prevent your child from being taken away from specific geographical areas

The court can enforce these orders through its contempt powers and local law enforcement. Those who violate these orders can be imprisoned or fined, as well as have their rights to the child limited in subsequent proceedings.

When Courts Consider Using Emergency Powers

Because emergency orders can be incredibly disruptive to your child’s life and the lives and rights of others, courts tend to enter them sparingly. However, a court will typically use them when there is credible evidence the other parent is:

• Trying to kidnap your child or hide the child from you
• Using drugs or allowing your child to be around drugs
• Abandoning your child or leaving your child in the care of unvetted individuals
• Physically or sexually abusing your child or allowing others to abuse your child
• Otherwise endangering your child’s immediate safety

As the one seeking an emergency custody order, you bear the burden of providing the court with sufficient evidence that one of these situations exists.

How to Obtain an Emergency Order in Michigan

Emergency custody orders in Michigan are generally granted ex parte. This means the court can enter such orders without the other parent being notified or being allowed to contest the order.

Filing for an emergency custody order begins when you submit a verified motion to the court. This motion should describe the details of the emergency and include any supporting evidence or documentation available.

The court will then schedule an informal hearing as soon as possible to consider your motion. Any witnesses who have information about the situation may also testify at this hearing.

Afterward, the court will enter its decision. The other parent will then be served with the order and typically has 14 days to file an objection and challenge the order.

Contact Gucciardo Family Law for Trusted Legal Help

When your child’s safety is threatened, acting effectively is just as important as acting swiftly. A Michigan custody lawyer from Gucciardo Family Law can help you obtain the emergency relief you need to protect your child. Contact us right away for assistance from an experienced and dedicated attorney.