Q: Can I file for emergency custody? Myex denies Covid exists and has exposed my son to public places. My son has type1
A: The state of NJ began its lock down in or about the 2nd week of March ( or about 5 1/2 months ago). In the later part of March / early April, there were many people who sought legal advice / filed emergency applications with the court as a result of their former partners actions regarding parenting time. Some people claimed that their former partners were preventing them from seeing their children and that their actions were improper and others were filing applications claiming that their former partners were engaged in behavior on a social level that exposed the children to danger of the virus and therefore asked the court to modify the existing parenting time plan. In each of those settings, the court started off asking why that parent thought that her / his home was safe but that the other parents home was not safe and what proof did that parent have to support the conclusion that the other parent's home was a danger ( other than simply conjecture). The court also started off with the view that both parents love their child and neither would intentionally endanger their child and therefore the person filing the application had the burden to prove the danger in the other party’s home.
You are now suggesting for the 1st time that your ex's home setting is a danger - what was taking place in his home setting for the past 5 months and what has changed now? The worst answer to that question would be nothing and that you have been concerned all along but didnt do anything earlier.
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