Bergen County Divorce Lawyer’s Guide to Emergency Custody Orders

guide to emergency custody orders

Sometimes family situations change so quickly that you can’t wait for the normal court process. If your child’s safety or well-being is at risk, you may need an emergency custody order. These cases move fast, and mistakes can cost you time—and possibly custody.

At The Davies Law Firm in Hackensack, we’ve helped parents in Bergen County act quickly to protect their children. Here’s what you need to know before you file.

What Is an Emergency Custody Order?

An emergency custody order is a temporary ruling by the court that immediately changes custody arrangements to protect a child. Judges grant these orders only when there’s clear evidence that waiting for a regular custody hearing would put the child at risk.

Examples of situations that may justify emergency custody:

  • Physical or emotional abuse
  • Neglect or unsafe living conditions
  • Substance abuse by a parent
  • A parent attempting to flee with the child

How the Process Works in New Jersey

In Bergen County, filing for emergency custody is called filing an “Order to Show Cause.” This is different from a regular custody motion. The process usually involves:

  1. Filing paperwork quickly – including a sworn certification explaining the emergency.
  2. Providing evidence – such as police reports, medical records, or witness statements.
  3. Going before a judge right away – sometimes the same day you file.
  4. Temporary decision – The judge may grant immediate relief, but a full custody hearing will follow.

👉 If you think your child is in danger, call The Davies Law Firm at (201) 820-3460 for immediate legal help.

What Judges Look For

Not every custody dispute qualifies as an emergency. Bergen County judges focus on whether there is imminent harm to the child. Common factors they consider include:

  • Evidence of abuse or neglect
  • Stability of each parent’s home
  • Criminal history or substance abuse
  • Risk of parental abduction

Without strong evidence, your request may be denied.

emergency custody

Common Mistakes Parents Make

We’ve seen parents lose valuable time because of avoidable errors:

  • Filing without evidence to back up claims
  • Treating disagreements about parenting styles as emergencies
  • Not following court rules for emergency filings
  • Waiting too long to act when a child is truly at risk

An experienced Bergen County divorce lawyer can help you separate real emergencies from disputes better handled through regular custody hearings.

Why You Need Legal Help

The process for emergency custody is strict, and judges don’t take these requests lightly. If you make mistakes, you could damage your credibility in future custody proceedings. At The Davies Law Firm, we:

  • Prepare strong, evidence-based filings
  • Present urgent matters directly to the court
  • Protect your rights at both emergency and follow-up hearings
  • Guide you through next steps for long-term custody arrangements

Schedule a confidential consultation to discuss your case today.

➡️ Don’t wait if your child is in danger. Call The Davies Law Firm in Hackensack now at (201) 820-3460.

What Happens After an Emergency Order

An emergency order is only temporary. The court will schedule a full hearing where both parents can present evidence. At that point, the judge decides whether to keep the emergency custody arrangement, modify it, or return to the previous order.

That’s why you need ongoing representation to protect your rights beyond the emergency stage.

Final Thoughts

Emergency custody orders are designed to protect children in immediate danger—but they’re complex, fast-moving, and high stakes. If you need to act quickly in Bergen County, don’t try to handle it alone.

Contact The Davies Law Firm in Hackensack. Call (201) 820-3460 for urgent legal guidance to keep your child safe.