If you’re dealing with a family crisis involving your child, understanding what happens during an emergency custody hearing is crucial. In Michigan, these hearings can determine the immediate future of your child’s care. This blog will help parents grasp the legal standards, urgency, and outcomes of emergency custody hearings. We’ll break it all down so you can be prepared and informed.
At Goldman & Associates Law Firm, we’re focused on helping families in Michigan navigate difficult custody challenges. Keep reading to learn what qualifies as an emergency and how these hearings work.
What Qualifies as an Emergency in a Custody Case?
Not everything that feels urgent to a parent qualifies as a legal emergency in court. To be considered an emergency, the situation must pose immediate harm or danger to the child, or involve extreme circumstances.
- Physical or sexual abuse of the child
- Neglect or abandonment
- Substance abuse by a caregiver
- Caregiver incarceration, leaving the child alone or with unsafe guardians
- Fleeing from the law or violating existing court orders
Simply being late to pick up the child or disagreements over minor parenting time issues are not emergencies by legal standards. Courts are selective about what qualifies for emergency intervention because of the need to maintain fairness and prioritize the most severe cases.
How Does the Court Decide if It’s an Emergency?
The court looks at the situation and evaluates whether it requires immediate action. Judges also consider the urgency compared to the other cases already on the docket. This means even serious matters might not be considered an “emergency” if they don’t involve immediate harm.
- The court weighs the safety and well-being of the child
- Evidence must show an urgent risk exists
- Ex parte orders may be issued without the other parent’s input, if needed
For example, if the custodial parent is arrested or disappears, leaving the child unattended, that situation would likely meet the court’s criteria for an emergency response.
What Happens Once You File an Emergency Motion?
If your situation qualifies as an emergency, your attorney will file a motion labeled specifically as an “”emergency motion.”” This will be submitted to the court for immediate review. The court might hear the motion the same day or soon after.
- Emergency motions can be heard on an expedited basis
- Some hearings are ex parte (only one side is present)
- The court may grant temporary custody or protective orders
The judge will make a temporary ruling, often allowing the other parent to later contest the decision. If they disagree, they can file a motion to set aside the emergency order. The goal is to protect the child first, then allow due process.
What Should You Expect in the Emergency Hearing Process?
In an emergency custody hearing, you’ll need to present persuasive evidence that the child is in danger or has been left in an unsafe situation. Your attorney will guide you in collecting this information and presenting it effectively in court.
- Photos, police reports, or witness testimony may be required
- Quick preparation is essential due to the fast timeline
- The court may grant or deny relief immediately
Once a temporary order is granted, a more formal hearing might be scheduled to review long-term custody changes. Emergency rulings are typically short-term solutions to immediate threats, not permanent changes.
Conclusion
Emergency custody hearings are serious matters that can dramatically affect a child’s well-being. Understanding what qualifies as an emergency, how the court responds, and what the hearing involves is vital for parents in Michigan. If you believe your child is in danger, swift legal action with the help of an experienced attorney is critical.
At Goldman & Associates, we specialize in Michigan family law and can help determine if your case qualifies for emergency custody. If you’re unsure, don’t wait—contact us today for personalized advice and representation.
Call now at (248) 590-6600 or schedule your complimentary consultation.
Frequently Asked Questions
- What counts as an emergency in Michigan custody law?
Immediate danger to the child, such as abuse, neglect, or abandonment. - Can I get custody if the other parent was arrested?
Yes. You can file for emergency custody if the child is left without care. - Do both parents attend an emergency hearing?
Not always. The court may issue an ex parte order first, allowing the other party to respond later. - What happens after the emergency order is granted?
A full custody hearing may be scheduled to address long-term changes. - Can the other parent overturn an emergency custody order?
Yes, by filing a motion to set it aside and requesting a formal hearing. - How fast will the court act on an emergency motion?
Typically within a few hours or days, depending on the court’s schedule. - Is late parenting time considered an emergency?
No. Minor delays or scheduling conflicts are not legal emergencies. - What documents do I need for an emergency custody hearing?
Police reports, medical records, witness statements, or proof of danger. - How long do emergency orders last?
Usually until a formal court hearing can be scheduled—often a few weeks. - Should I call an attorney before filing?
Absolutely. Legal advice ensures your case is handled quickly and properly.
For more guidance, visit our Michigan Child Custody page