Q: Can I file a family offense petition asking for immediate relief and custody? The child is subject of emotional neglect
I have petitioned the court a few days ago for modification of custody order from 2020, however information in regard to the direct form of emotional/mental abuse was brought to my attention by my daughter when I picked her up for my scheduled parenting time. I have evidence of texts. She does not want to return to her fathers residence. How can I proceed without putting her in an environment she fears and also not hurt my custody modification petition.
A: You should see an attorney immediately and show him the texts to see if they meet the threshold necessary for an order of protection
A: Yes, you can file a family offense petition in New York seeking immediate relief if you believe your child is in danger due to emotional neglect or any form of abuse. This can be done in Family Court. When new information comes to light regarding the child's safety, it is important to act promptly. Evidence, such as texts that support claims of emotional or mental abuse, should be included with the petition. The court may issue a temporary order of custody if it determines that the child's immediate well-being is at risk. It's also crucial to follow all court orders currently in place to avoid negatively impacting your pending custody modification petition. To navigate these urgent and sensitive issues, you may want to consult with legal counsel who can assist you in taking the appropriate steps to protect your daughter's interests and welfare.
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