Emergency Custody requires a parent to act quickly. There are times when a parent needs to assume custody immediately to protect their child. If DCF has not already filed for Temporary Custody in Juvenile Court then the parent should request immediate custody by filing an emergency motion in Family Court.
Here’s how it works:
1. Jurisdiction. The Family Court will need to make a preliminary finding that it can hear the case. Generally, the child must have lived in Connecticut for at least the last 6 months. However, even if this rule is not met, Connecticut can decide the case if the child is currently in this state and has either been abandoned or there is an emergency affecting the child’s well being.
2. Affidavit. Once the Family Court takes the case it can enter a custody order without a hearing and without the other parent’s input. This is called an ex parte order. An Affidavit must be filed detailing how the child is subject to unsafe conditions and abusive treatment or neglect when in the care of the other parent.
3. Hearing. Whether or not the judge grants ex parte custody a hearing will be scheduled in two weeks so that the other parent can be heard and for the judge to determine future custody orders.
These cases are very fact dependent and the Affidavit is key. This process is not a quick substitute for filing a Modification of Custody but should be used when there are legitimate and identifiable child welfare concerns.
Connecticut Custody Lawyer
I represent clients in Connecticut Family Court and custody proceedings though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact my offices in Fairfield or Stamford online or by calling me in my Stamford office at (203) 356-1475 or in my Fairfield office at (203) 259-5251 to discuss your options and learn more about the Emergency Custody process.