What Constitutes Emergency Custody in Michigan?

When a child is in immediate danger with a parent, the court provides an option to the other parent to obtain a court order without waiting weeks or months for a full hearing. This option is an emergency custody order, or ex parte order.

What Is an Emergency Custody Order?

Ex parte, meaning “from one party” in Latin, describes a motion for an order a court may grant to one party in a civil matter without the other party being present to respond.

In child custody cases, the ex parte order temporarily removes a child from a parent’s care if the child is in imminent danger.

To protect the child, the court will decide to approve or deny an emergency custody request within weeks, days, or hours, depending on the nature of the endangerment. The ex parte order can only change a custody or parenting time order already in place.

A parent usually files an emergency custody order, but in some cases, the court may allow a petition from a grandparent, another family member, or a non-family member.

As most family law experts will say, getting an emergency custody order is challenging. Before granting the order, the court must be shown strong evidence demonstrating that the child is, indeed, immediately at risk.

What a Court Will Consider an Emergency

A parent seeking an emergency custody order must be prepared to prove to the court that a child could be irreparably harmed if made to wait for the full hearing. They must also prove that notifying the other parent would endanger the child.

What Qualifies as an Emergency Warranting an Ex Parte Order?

Several situations can lead to an ex parte order, including:

• Child abuse/domestic violence
• Neglect
• Exposure to hazardous substances
• Abandonment
• The risk of a parent abducting the child or taking them out of the country
• The arrest of a parent for a crime such as DUI or illegal drug use
• A sex offender living in the home

Additionally, changes in the physical and mental health of the custodial parent could be a reason for an ex parte order if those changes could negatively affect the child.

When a Parent Objects to the Emergency Order

If a parent decides to file an objection, it must be submitted no more than 14 days after they’re served. When an order comes by mail, the parent has 14 days beginning on the date the order was mailed.

If a parent does not object or misses the deadline to file, they forfeit their opportunity to challenge the ex parte order, and the order remains in place. If filed on time, the parent must attend a hearing during which they explain why the order should be overturned.

An emergency custody situation requires acting swiftly for the safety of the child, but it also demands legal filings and convincing evidence. When a child’s welfare is at stake, a parent should consider hiring an attorney.

Facing a Custody Dispute?

Are you dealing with a custody dispute? Contact Gucciardo Family Law for a consultation with a skilled Michigan family law lawyer.