You have every right to protect the physical and emotional well-being of your child. And that includes taking steps in crisis moments such as the aftermath of a natural disaster or other emergency situations.
Understanding conditions that would create an emergency motion is the first step to protecting your child. If you decide that legal action is necessary, then it’s important to note how to file a motion if there is a court closure.
Unfit parent determination
You should be concerned and seek help if your child’s other parent refuses to pay child support or complete other custody duties. However, these issues might not make your child’s other parent unfit, unless your child is facing one of the following situations:
- Sexual or physical abuse
- Parent neglects child’s basic physical and/or psychological needs
- Parent abuses substances in front of child
- A life-threatening situation or abandonment
Special motion qualifications
In Michigan, trial courts can issue a temporary order if the nature of your child’s current situation will result in “irreparable injury, loss or damage” before the order is in place.
Once a temporary order is issued by the court, it is effective immediately. The order will stay in place until another temporary order is issued or there is a formal settlement.
Emergency court access
Washtenaw County Trial Court (WATC) will address emergency hearings, even if a public health crisis affects normal business hours, the court website states. To do so, WATC requires family attorneys to submit emergency motions through an electronic filing system.
Although Michigan courts won’t function under normal business hours, prior custody rulings will remain in place. Michigan Supreme Court recently published a statement to remind parents across the state that court orders relating to child custody, parenting time and support will stay in effect.
If your child is in danger, the last thing you want to worry about is whether your local court can address your case or not. Thankfully, you can work with a family law attorney to create ease in a time of danger or uncertainty for you and your child.