Need advice on how to file for emergency custody in nj

Without delving into too much detail, my child’s father recently informed me via text that his girlfriend of approximately six months, with whom he moved across the country to live, attempted suicide last week. He also revealed that he himself is now being admitted for psychiatric issues, likely related to suicidal ideation.

As a pro se litigant, my child’s father initially defaulted in our legal proceedings, only to later engage lawyers who managed to dismiss the case and file a counterclaim, seeking full custody. Our child has primarily resided with me since our physical separation over two years ago, although they have maintained visitation with their father.

We have a case management conference scheduled in about 2.5 weeks to arrange a date for a mediation and settlement conference (MESP). Additionally, a visit with my child’s father is scheduled for about a week after that. Presently, we have no formal custody agreement in place, only a verbal arrangement. Given the circumstances, I question the wisdom of exposing my child to that environment.

Considering the distressing information conveyed by my child’s father, I am uncertain whether it would suffice as grounds to pursue emergent custody.

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To file for emergency custody in New Jersey, follow these steps:

  1. Prepare Your Documents: Gather necessary paperwork, including proof of the emergency situation.
  2. File a Motion: Visit your local family court to file a motion for emergency custody.
  3. Attend a Hearing: A judge will review your case and schedule a hearing, usually on the same day or within a few days.
  4. Provide Evidence: Present evidence and explain why emergency custody is needed to protect the child.
  5. Follow Up: After the hearing, follow any court orders and prepare for a full custody hearing if required.

Consider consulting with a family law attorney for guidance.

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You can take action to request an emergency custody order in New Jersey if you think there is an imminent risk to your child’s safety. What you should know is as follows:

The goal of emergency custody orders is to shield children from harm that could be permanent and urgent. These orders are only meant to be temporary.
They enable the court to act quickly to resolve pressing issues.
Bases for Emergency Custody: The following are some justifications for requesting an emergency custody order:
An arrest or criminal charges against a parent.
Parental abduction: removing a child without consent and transporting them to another state or nation.
abuse of the child by a parent or other household member, either physically or psychologically.
Procedure for Filing:
Submit a “Order to Show Cause” (an urgent case).

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