Attorney
If your child’s other parent is putting your child at risk of serious harm while they have physical custody, taking legal action to obtain emergency temporary custody is something you should consider. In New Mexico, a parent who believes their child’s current custody agreement poses an immediate danger can file an ex parte motion and get the court’s permission to swoop in and save their children from harm.
At Matteucci Family Law, we work with parents across the state of New Mexico who need to file ex parte motions to get emergency temporary custody and protect their children, and advocate for parents who believe they were unfairly targeted by such actions.
What Is Emergency Temporary Custody?
Emergency temporary custody is a legal order that grants one parent immediate custody of a child. This type of custody is typically granted when a child is in danger and needs immediate protection from abuse, neglect, or other serious risks.
Unlike standard custody modifications, which can take months to resolve, emergency custody orders can be issued quickly—sometimes within hours or days—if the court determines that immediate intervention is necessary to protect the child.
When Can You Seek Emergency Custody?
The court does not grant emergency custody lightly. To obtain an emergency order, you must provide evidence that your child is in immediate danger. Common reasons a court may grant emergency custody include:
- Physical Abuse – If the child is being physically harmed by the other parent, a caregiver, or someone in their household.
- Sexual Abuse – Any indication of sexual abuse or exploitation.
- Neglect – Severe neglect, such as lack of food, medical care, or basic needs, can warrant emergency custody.
- Substance Abuse – If a parent is using drugs or alcohol in a way that endangers the child.
- Domestic Violence – Exposure to domestic violence in any of its forms.
- Parental Abduction – If a parent is threatening to flee with the child or has already taken them without consent.
- Serious Mental Health Concerns – If a parent is experiencing a mental health crisis that puts the child at risk.
Please note that this is just a list of broad categories. If you are questioning if what is happening to your child is serious enough to warrant you filing for emergency temporary custody, it’s time to speak with an attorney.
The Process of Obtaining Emergency Custody in New Mexico
First of all, if you believe your child is in immediate danger, it’s time to call the police, not a lawyer. If you’ve already done that, or your child is now safely back with you for the time being, then it is time to reach out to an experienced family law attorney like Bob Matteucci.
An attorney can help you file an emergency motion for temporary custody that explains why your child is at risk. You should have evidence to support your claims, such as police reports, medical records, witness statements, or electronic records like photos, videos, social media posts, or text messages.
The judge will likely conduct an ex parte hearing on your motion. This means the judge will review your request without the other parent present. The court may grant a temporary order based solely on your evidence if the situation is urgent enough.
Once that order is in hand, you can go get your child. Depending on the circumstances, the police may assist you.
What Happens After an Emergency Custody Order Is Granted?
If the court grants you emergency custody, you will have temporary legal authority over your child. However, the order does not automatically lead to permanent custody. Your child’s other parent has the right to challenge the temporary order in court, and this often leads to a longer custody battle that concludes when a new custody agreement is negotiated or imposed by the court.
Serving Families with Dignity & Compassion
If your child is in danger, and you want to take emergency temporary custody of them, the Matteucci Family Law team is here to help. We know how to get the evidence necessary to meet the high evidentiary standard the New Mexico courts require, and will work as quickly as possible to protect your child. We can also work with you to permanently amend your custody agreement if you believe that would better meet your child’s needs. Please contact Matteucci Family Law today to get things rolling.