The child custody process is typically complex, placing a strain on everyone involved. It doesn’t help, either, that family court can be very slow in making custody decisions.
In some instances, however, serious issues require immediate action. Learn more about when a parent can seek emergency custody in Michigan.
Understanding Emergency Custody Orders in Michigan
When dealing with child custody cases, an emergency order may be necessary if the child is in danger. This would require filing an ex parte action, which means the other party does not need to be present during the proceedings.
If the court deems the situation an emergency, it can decide within hours or days, depending on the level of danger the child could be in. At most, it can take two weeks for the court to decide on an emergency custody order, though it is generally much faster than that.
Most of the time, it’s a parent who files these kinds of orders, but other family members may do so as well. But what does the court recognize as an emergency?
Circumstances That Warrant an Emergency Custody Order
In Michigan, family courts will consider several situations as warranting an emergency custody order. All of them revolve around a child’s safety.
In instances when there’s the risk of one of the parents abducting the child or keeping them from the other parent, an emergency custody order is needed. Other circumstances include a child being exposed to:
- Substance abuse
- Neglect
- Abandonment
- Abuse
- Domestic violence
- Hazardous substances
If the other parent delays or refuses to provide medical care to the child, that, too, is an emergency under Michigan family law. This type of custody order can also be an option if the child is coming into contact with anyone who has been convicted of a sex offense while living with the other parent.
What Must Be Proven in Court?
To obtain the emergency custody order in Michigan, the requesting parent must show that the child is in immediate danger. It is up to this parent to present enough evidence to demonstrate that an emergency exists.
The requesting parent must also demonstrate that any delay in the process could result in irreparable harm to the child, whether physical or psychological. Additionally, it’s necessary to prove that there are no options available other than filing for emergency custody.
Contact an Experienced Family Law Attorney
If you believe your child is in danger when they spend time with their other parent, it’s vital that you act quickly. Demonstrating that an emergency exists isn’t easy, and you can expect the other parent to try to excuse their actions with the help of an attorney. You should never begin these cases without your own legal counsel by your side.
At Gucciardo Family Law, our team of Michigan family law attorneys can help you present a strong case. Contact our team to learn more about how we can help you protect your child.
