Michigan Family Attorney Giving You the Representation You Need to File for Emergency Custody

Fathers play a vital role in their children’s development. Studies have repeatedly demonstrated that fathers are key to their children’s emotional growth and lifelong well-being. However, the court system only sometimes considers this. This can be especially true in Michigan. Many people have a preconceived notion that in the event of a divorce or separation, children will automatically have better lives if their mother is their primary caregiver. In fact, in Michigan, if a man was not married to the mother of his children at the time she gave birth, the state does not even legally consider him the father. This can lead to difficulty in a man being able to play a role in his child’s life.

Despite what many people may think, a mother is not necessarily the best caregiver for her children. This can especially be the case in instances of drug or alcohol abuse. It can also be true if the mother has become involved with a new partner who poses a potential physical risk to her and her children. In instances where a mother has been given custody but her children are at risk, a father can seek emergency custody.

What is Emergency Custody in Michigan?

Emergency custody is when a judge changes a prior custody ruling to protect children from the threat of immediate harm. Emergency custody may be granted if the custodial parent is:

• Engaged In Drug Use
• Abusing Alcohol
• Physically or Emotionally Abusing the Child
• Neglecting the Child
• Exposing the Child to an Abusive Environment
• Engaging in Criminal Activity in Front of the Child

Emergency custody may also be granted if the child is in danger of being exposed to any of the above behavior.

In many cases, changes to custody may take weeks or even months. This is because the court requires appearances by both parents to hear arguments for why the changes should be made. In the event a child’s safety is endangered, the court will speed the process along. This is in order to protect the child from a potential threat.

The court may not notify the custodial parent if the other parent seeks emergency custody. This is called ex parte, which means “one side only.” This is to prevent the other parent from taking steps that may further endanger the child, including fleeing the city or state with the child. Often, a decision for emergency custody will be made only with the knowledge of the parent filing for custody.

How Can I File for Emergency Custody in Michigan?

Michigan takes custody agreements seriously. This is why it can take time to modify them under normal circumstances. In the event a child’s safety or life is endangered, the court has procedures in place to expedite custody changes. If a parent believes they need to receive emergency custody of their child, they can follow a process to request emergency custody. This process includes but may not necessarily be limited to:

• Filing an Affidavit Describing the Emergency
• Paying a Filing Fee
• Filing an Affidavit Explaining Why the Other Parent Should Not be Notified
• Scheduling a Court Hearing
• Making an Argument Before a Judge
• Accepting Physical Custody of the Children

Just because a parent files for emergency custody does not necessarily mean they will receive it. A person must demonstrate to a judge that the custodial parent poses an immediate danger to the child(ren). This is to prevent people from abusing the court system to harm an ex-partner or unjustly obtain custody of children. Typically, a parent will need to pay a filing fee to petition for emergency custody. In some circumstances, they may be able to request a waiver from the court.

When filing an affidavit, it is essential to include evidence supporting the argument for emergency custody. This can include but is not necessarily limited to photos, emails, or texts demonstrating harm or potential harm to the child. It can also include witness statements supporting the need for emergency custody.

If a judge makes a ruling in favor of the petitioning parent, they will be granted emergency custody. The children may then be taken into custody to be transferred to the petitioning parent. Just as the custodial parent may not be notified of the petition, they may also only receive notification of the judge’s ruling once the children are taken into custody. Once children have been taken into emergency custody, the custodial parent will have two weeks to contest the judge’s decision. Just because emergency custody has been granted to one parent does not mean the other parent won’t be able to appeal the decision successfully. If this happens, the children may be returned to their custodial parent. This could expose them to further danger. This is why, if you need to seek emergency custody of your children, you should consult an experienced attorney.

What Should I Do if I’m a Father Who Needs to Seek Emergency Custody of His Children in Michigan?

Divorce can be an uphill battle for fathers. The court may decide children are better off with their mother. If their mother poses a threat to their safety or life, a father may face difficulty convincing the court he is the better custodial parent. If you or a loved one are a father who needs to file for emergency custody of his child(ren), don’t hesitate to contact ADAM American Divorce Association, located at 2000 Town Center #2350, Southfield MI 48075. The attorneys of ADAM American Divorce Association understand that children are often better off with their fathers. They know there are cases where mothers can pose significant risks to their children’s safety and well-being. They also understand there are circumstances where fathers need to move quickly to obtain custody of their children. The ADAM American Divorce Association attorneys will work swiftly and diligently with their clients to help them get and keep custody of their children. They only consider their work done once children are safe and away from potential harm.

Being a father petitioning for emergency custody can be a frightening situation. ADAM American Divorce Association attorneys can be there for you every step of the way. If you or a loved one are a father needing to petition for emergency custody of his children, don’t hesitate to call ADAM American Divorce Association at 248-290-6675 or email them to schedule a free consultation. You and your children’s better tomorrow can start today.