Emergency Custody Order in New York: How to File for One

Last updated October 11, 2026. About New York law.

In New York, an emergency custody order is a temporary custody order a judge can sign quickly, before the other parent is heard, when a child faces immediate danger. A parent files a custody petition with an order to show cause in Family Court (Family Court Act § 651) or, in a divorce, Supreme Court (Domestic Relations Law § 240).

If a child is in danger right now, call 911. The court process described below is for getting a custody order in place quickly once the child is safe for the moment.

What is an emergency custody order in New York?

An emergency custody order in New York is a temporary order giving one parent custody right away because the child faces immediate danger. It is not a separate kind of case. It is a request made by order to show cause inside a custody case, under Family Court Act § 651 in Family Court or Domestic Relations Law § 240 in a divorce.

An order to show cause is a court paper, signed by a judge, that tells the other side to come to court on a set date and explain why the request should not be granted. It is used instead of an ordinary motion when something cannot wait. When the judge signs it, the judge can also grant temporary relief that takes effect immediately, such as temporary custody or a change to visits.

Emergency custody orders are for a child in immediate danger due to circumstances such as abuse, neglect, or abduction. The court’s main concern is the child’s immediate safety and well-being. Judges put the child’s best interests first and make decisions based on the available evidence. These orders are usually in place until a full custody hearing can be held.

When will a New York court grant emergency custody?

A New York court generally grants emergency custody only when sworn facts show the child is in immediate danger that cannot wait for a regular court date. The standard for every custody decision is the best interests of the child, and Domestic Relations Law § 240 says a court shall not place a child in the custody of a parent who presents a substantial risk of harm to the child.

Situations that commonly support an emergency request include:

• Abuse or neglect. Unexplained injuries, a child who is fearful around one parent, or a failure to supervise or provide necessary care.
• Substance misuse. A parent’s alcohol or drug use, or a relapse, that leaves the child unsafe in that parent’s care.
• Domestic violence. When domestic violence is alleged in a sworn petition and proven, the court must consider its effect on the child’s best interests (Domestic Relations Law § 240(1)(a)).
• Dangerous people around the child. For example, an abusive partner living in the home.
• Risk of abduction. Threats to take the child without consent, or earlier attempts to do so, especially out of the country.

A disagreement about parenting, a missed visit or a late return is usually not treated as an emergency. Those issues are handled on the court’s normal schedule.

How do you file for emergency custody in New York?

To file for emergency custody in New York, a parent files a custody petition, or a petition to modify an existing order, with an order to show cause and a sworn statement of the facts. A judge reviews the papers and decides whether to sign a temporary order. There is no fee to file a custody petition in Family Court.

1. Choose the court. Custody between parents is usually filed in Family Court in the county where the child lives. If a divorce is already pending, the request is made in that Supreme Court case.
2. Prepare the petition. If no custody order exists, this is a custody petition. If an order already exists, it is a petition to modify that order.
3. Add an order to show cause and a sworn statement. The sworn statement (an affidavit) explains what happened, when, and why the child cannot safely wait. The order to show cause states the temporary relief requested.
4. Attach evidence. Medical records, police reports, photographs, messages containing threats, travel plans, and statements from witnesses are examples of what supports a request.
5. A judge reviews the papers. The judge may sign the order to show cause with temporary custody, sign it without temporary relief, or decline to sign it. This can happen ex parte, meaning before the other parent is heard. How quickly it happens depends on the court.
6. Serve the other parent. The signed order says how and by when the papers must be delivered to the other parent.
7. Return to court on the date in the order. Both parents can be heard, and the judge decides whether the temporary order continues, changes or ends.

Before issuing a temporary custody order, New York judges must check for related child protective decisions and review the statewide order of protection registry and the sex offender registry. In an emergency the judge may issue the temporary order first and complete those checks within 24 hours or on the next day court is in session (Family Court Act § 651(e)).

Emergency custody, an order of protection or a CPS removal: which applies?

In New York, three different legal tools can move a child to safety quickly, and they are often confused. A parent files the first two. Only a child protective agency or the police can use the third.

A temporary order of protection may be issued for good cause, including before the other person is heard, and it is not a finding of wrongdoing. A removal by child protective services begins an abuse or neglect case under Article 10 of the Family Court Act, which has its own fast hearings. A relative or other concerned person who cannot file for custody can report concerns to child protective services; our guide to how CPS works in New York explains that process.

What if the child normally lives in another state?

A New York court can still act. Under Domestic Relations Law § 76-c, New York has temporary emergency jurisdiction when the child is present in New York and has been abandoned, or when it is necessary in an emergency to protect the child, or a sibling or parent of the child.

That power is limited. If another state has already issued a custody order or has a case pending, the New York order must set a period long enough for the parent to seek an order from that state, and the two courts must communicate. The New York order then lasts until the other state acts or the period ends.

How long does an emergency custody order last, and what happens next?

In New York, an emergency custody order lasts until the court changes it or issues a final custody order. No statute sets a fixed number of days. The order is temporary by design, and both parents must follow it until the judge says otherwise.

After a temporary order is granted, the case continues as an ordinary custody case:

1. The return date. The judge hears from both parents and decides whether the temporary order stays in place.
2. Further temporary orders. The court may adjust custody or set a visiting schedule while the case is pending, which may include supervised visitation.
3. The full custody hearing. The court considers each parent’s involvement in the child’s life, ability to meet the child’s needs, and overall fitness. Evidence that was not available at the time of the emergency order can be presented.
4. The final order. It may continue or replace the temporary order, and it can be modified later if circumstances change.

Preparation for the full hearing matters as much as the emergency filing. Our guides on how to prepare for a custody case and what to expect in Family Court in New York cover that stage.

How do you respond to or challenge an emergency custody order?

A parent served with an emergency custody order in New York has the right to be heard on the return date written on the order to show cause. Until then, the temporary order must be followed. The parent opposing it can submit a sworn statement, bring evidence and witnesses, and argue that there was no emergency or that the situation has changed.

Judges take these challenges seriously. A temporary order granted on one parent’s papers alone is based on one side of the story, and the return date exists so the court can hear the other side. A parent who is contesting custody in Family Court has the right to a lawyer, and the court assigns one if the parent cannot afford to hire one (Family Court Act § 262).

When does an attorney matter in an emergency custody case?

An attorney matters most at the very beginning. The judge decides an emergency request from the written papers, so what the sworn statement says, and what evidence is attached, largely determines whether a temporary order is signed. An attorney also represents the parent on the return date and at the full hearing, on either side of the case. Our page on working with a child custody lawyer explains what that involves.

Call our office at (914) 444-2333 or fill out a simple online consultation form to begin your next chapter.

This article is general information about New York law, not legal advice about your situation. Laws, court fees and guideline figures change; the date above shows when it was last checked.