When there is a child custody dispute in New York, nothing is more important than the child’s safety. This is part of ensuring that the best interests of the child are adhered to. When there is a concern that the child is in danger, a parent can seek a warrant for physical custody. This is also possible if there is a risk of the child being removed from the state. When assessing whether this is necessary and possible, knowing the law is key.
When a petition is filed for a child custody determination to be enforced, the petitioning parent can ask for there to be a warrant to take custody of the child if the above criteria are met. When the court hears the petitioner’s testimony, it can find that the child is at significant risk for serious harm or might be removed from the state. If it does make this finding, then the warrant to take physical custody can be issued. Unless there are extraordinary circumstances, the petition will be heard the following available court day after execution of the warrant. Should there be an adjournment, it will not be longer than three court days.
A recitation of the facts that led to the conclusion of danger or removal must be with the warrant and law enforcement officers must be directed to take custody of the child and bring him or her to the petitioner. Lastly, providing placement with financial relief pending. The order, warrant or petition will be served on the respondent right after the child is taken. This can be enforced throughout New York State. If necessary, law enforcement will be allowed to enter a private property to follow through on the order. Conditions can be made by the court when the child is placed to make certain that there will be an appearance of the child’s custodian and the child.
Fear of a child being in danger or the possibility that he or she will be removed from the state can spark immediate action by the court. When this is an issue, it is imperative that the parent understands what can be done to ensure the child is safe. Having legal help from a law firm that is experienced in family law, custody and visitation and other problems that arise as part of a case is helpful in ensuring the child is safe and with getting a warrant if it is needed.