To file for temporary emergency custody in New York, you must file an Order to Show Cause and a custody petition in Family Court (or Supreme Court if a divorce is pending), provide a sworn affidavit explaining the emergency, and show that the child faces imminent harm. A judge may review your application the same day and issue temporary relief if immediate intervention is necessary.
New York courts set a high legal standard. Emergency custody is granted only when waiting for a regular custody hearing would place the child at serious risk.
Steps to File for Temporary Emergency Custody in New York
- Prepare a Custody Petition
Draft a petition requesting custody or modification of an existing custody order. - Draft an Order to Show Cause
This document asks the court to hear your case on an emergency basis. - Submit a Sworn Affidavit
You must include detailed, specific facts explaining the imminent danger. Vague allegations are not sufficient. - File in the Proper Court
- File in Family Court in the county where the child resides.
- If a divorce is pending, you may need to file in Supreme Court.
- Appear Before a Judge
Judges often review emergency applications the same day. Initial appearances may be ex parte (without the other parent present). - Attend the Follow-Up Hearing
The court will typically schedule a prompt return date where both parties may present evidence.
What Must You Prove for Emergency Custody in New York?
To obtain a temporary emergency custody order, you must show:
- Imminent risk of abuse or neglect
- Serious threat to the child’s physical or emotional well-being
- Exigent circumstances requiring immediate court action
New York courts do not grant emergency custody lightly. You must demonstrate that waiting for a standard custody hearing would endanger the child.
What Qualifies as an Emergency in New York Family Court?
Abuse or Neglect
- Excessive corporal punishment
- Medical or educational neglect
- Untreated mental illness affecting parenting ability
- Emotional abuse
- Inadequate supervision
If you suspect abuse or neglect, contacting Child Protective Services may also be appropriate while seeking court intervention.
Abandonment
If a parent leaves a child with relatives or third parties and denies you access, emergency relief may be appropriate.
Serious Interference with Visitation
Extreme denial of parenting time combined with safety concerns may justify immediate court action.
Parental Alienation
If one parent’s conduct seriously harms the child’s emotional well-being or relationship with the other parent, the court may consider temporary relief.
Violation of a Court Order
If an existing custody order is being violated in a way that creates immediate risk, emergency modification may be available.
Who Can File for Emergency Custody?
- A parent concerned about your child’s immediate safety
- A non-parent in extraordinary circumstances (such as abandonment, parental incarceration, or severe neglect)
New York courts prioritize parental rights. Non-parents must first establish extraordinary circumstances before custody can be considered.
Where Do You File for Emergency Custody in Brooklyn?
In Brooklyn (Kings County), emergency custody applications are typically filed in:
- Kings County Family Court
- New York Supreme Court (if part of an active divorce case)
Jurisdiction generally depends on where the child has lived for the past six consecutive months.
What If New York Is Not the Child’s Home State?
New York is typically the child’s home state if the child has lived here for at least six consecutive months. However, even if New York is not the home state, a court may exercise temporary emergency jurisdiction if:
- The child has been abandoned in New York
- The child faces immediate risk of abuse or neglect in New York
Emergency jurisdiction is limited and may require coordination with another state’s court.
Can You Request Temporary Visitation Instead?
If you are being denied access but the court is not prepared to change custody immediately, you may request a temporary visitation order. Increased parenting time can help protect your relationship with your child while the broader custody case proceeds.
Contact the Gilmer Law Firm for a Brooklyn Emergency Custody Order
Filing for a Brooklyn emergency custody order requires strong evidence, careful preparation, and a clear presentation before the court. The Gilmer Law Firm, PLLC, has 20 years of experience handling urgent custody matters in New York courts.
If you believe your child is in danger or you have been denied access, contact our firm today to discuss your options and protect your child’s well-being.
FAQs
How quickly can I get an emergency custody order in Brooklyn?
In many cases, you can appear before a judge the same day you file an order to show cause. Immediate custody changes are rare unless there is clear evidence of imminent harm.
What evidence do I need for emergency custody?
You need detailed, specific facts showing immediate danger. This may include photographs, medical records, police reports, text messages, or witness statements.
Is a temporary emergency custody order permanent?
No. Emergency custody orders are temporary. The court will schedule additional hearings and may later extend, modify, or convert the order into a permanent custody determination.