Emergency Custody Hearing – Michigan Law

Courts may accept emergency docket cases, giving them priority over other cases. The term “emergency” may be defined differently by the court. It differs from what the majority of people are aware of. When something awful occurs or causes severe harm, it is considered an emergency.��

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The main goal of an emergency custody hearing is to safeguard a child. It is permitted to provide immediate relief. This is a serious remedy that must be heard and decided in ex parte. Ex parte hearings exclude the opposing side from the discussion of the matter. A dispute can also be addressed by the court inviting all parties and holding a hearing.

Under what conditions can you call a hearing for emergency custody?

The backlog of cases in Michigan’s courts has varying degrees. In family court disputes, delays are normal and even expected. They are unacceptable if they put your child in danger. There can be risks of violence or other harm to the child or children. There are fortunately ways to expedite a child custody hearing. Almost all decisions made at an emergency hearing are designated as temporary. It is due to the speed at which these cases are handled.

Situations that warrant emergency hearings are governed by regulations.�� They vary between states. Only when the child’s health or welfare is at risk do several states hold emergency hearings. An emergency hearing may be appropriate in cases of child abuse and child neglect. It can be for substance abuse while the child is present, or the presence of a sex offender in the home. An urgent hearing is possible if the parent is in danger of being found guilty of a violent or serious crime. A parent’s outright refusal to permit visitation can be a cause. It can justify an emergency hearing in some jurisdictions.

In Michigan, when a motion is filed in a matter, the opposing party has a legal right to notice and a window of time to reply. The judge often hears from both sides during a hearing before rendering a ruling. When a party requests an ex parte order, this procedure is an exception. An ex parte order is one that the court issues without giving the other party a chance to be given notice or to reply. It is an order that a judge signs without holding an initial hearing.

Custody-related matters are important some are considered emergencies and will be handled quickly. Frequent justifications for submitting an urgent petition for child custody include the following:

Risk of a kidnapping: You learn that your child’s other parent intends to abduct your child. It is happening during their upcoming visit. You may be in need of emergency custody.

Drug Abuse or Addiction: A parent abusing drugs or alcohol puts a child at risk. Neglect would at the very least be a very real risk. Child custody can be granted temporarily due to drug abuse.

Abuse of children: Abuse of children is never acceptable. The most frequent justification for urgent child custody is child abuse.

The court takes into account various forms of evidence. It helps it make its judgment, including:

[ a ]�� Testimony from witnesses or affidavits

[ b ]�� Videos and images

[ c ]�� Police reports

[ d ] Medical or health records

[ e ]�� Government agency reports

A petition for emergency custody of a child gets a hearing. The court determines whether the existing custody arrangement should be upheld or changed. The child’s safety and best interests are given first priority by the court in making a decision.

How fast can you get an emergency custody hearing?

The parent or their attorney submits and presents evidence to support their claims. It is presented during the hearing that will follow. The opposing parent or their attorney can offer justifications and supporting details.

But, ex parte motions follow a different procedure. This procedure requests that the court issue ex parte orders. This is also known as an emergency order. It is done without consulting the other parent. This occurs in situations involving domestic abuse or child abuse.

An ex parte request is decided by the court without a hearing. The opposing parent has 14 days following notification to submit an objection. They can ask for a hearing if the request is approved. In contrast, the parent who submitted the ex parte motion has 21 days to object. The moving party can request a hearing if the court rejects it.

In the ensuing hearing, both parents are permitted to take part. They are expected to offer testimony and call witnesses. Then, the presiding judge chooses what to order. Hearings are court appearances with a judicial representative. They are held so that the court can learn more, decide on a matter, and issue orders. They can be quick and simple. Taking 15 minutes to accept a settlement agreement. Drawn-out and complicated such as taking hours or days. It can be cases to determine final custody arrangements when parents cannot agree.

The court determines the sufficient basis for an emergency hearing. It schedules the hearing as soon as possible. In some cases, an emergency hearing may be scheduled within a day or two. This of course depends on the court’s availability and the urgency of the situation.

An emergency custody hearing is not a permanent custody determination. It is intended to address urgent matters that cannot wait for a regular court hearing. The court can issue temporary orders to protect the child’s safety. It can work as a temporary restraining order or temporary custody arrangement.

In some counties, a judge will preside over your hearings. The judge’s rulings become court orders right away. At some proceedings, judges in other counties appoint domestic relations referees. A parent can file an objection. It triggers a rehearing with the judge. Referees offer recommendations that judges can approve.

How do you prepare for an emergency custody hearing?

Hearing decisions may have a significant impact on both your case and your children. Proper planning is essential.

If you have a lawyer, they will aid you in getting ready. Give them anything they ask for, and always be truthful with them so they can speak for you in the best possible way. If you’re defending yourself, be as prepared as an attorney. Learn about the criteria the court uses to make custody decisions. Study the evidentiary rules and regulations in Michigan.

Present proof of your capacity to uphold your children’s best interests at hearings. You might need to back up the assertions you made in your initial petition. Refute those made by the opposing parent. Contest the results of a custody investigation. Present academic, medical, financial, and legal records. Bring common forms of proof including pictures, emails,�� and texts.�� Use social media posts, character reference letters, and family calendars.

Another popular form of evidence is witness testimony. Non-expert lay witnesses may provide testimony based on their own observations. These witnesses could be the parents themselves and family members. They can also be professionals who have worked with the family. These can be professionals like therapists and childcare providers.

Get information on particular steps and requirements for court proceedings. Contact the court clerk or Friend of the Court office. See a hearing in advance of your court date to get an idea of what to expect in a hearing. Dress appropriately. Dress up as if you’re going to church or a work interview on hearing days. Come early to seek parking, navigate security, and find the courthouse.��

Use “Your Honor” whenever addressing the judge or referee. Respect everyone and refrain from interjecting. If you don’t understand something in the proceedings, ask for more explanation. Take your time when speaking, but keep on the subject. Don’t ramble. Address questions directly and only offer justifications when asked to. Never distort or mislead.��

Bring the children only if they are scheduled to be interviewed that day. Please don’t bring any new romantic partners. You can bring friends and family. They are welcome.

The court takes any information that aids in making a decision. Every decision represents what is best for the child and what can be done to ensure their safety. If necessary to make that determination, the court may ask for specific information.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.