How to File for Emergency Custody in Albuquerque, New Mexico

Parents often wonder how to file for emergency custody in Albuquerque, New Mexico.

This question becomes particularly pressing when a co-parent poses an immediate danger to the child.

Possibly this danger stems from abuse or neglect. In this situation, CYFD is often involved.

With other homes, the danger flows from alcohol or drug abuse. In other situations, a parent may suffer from severe mental health issues.

In each situation, danger to a child is the common thread that connects each case.

Let’s unravel how to file for emergency custody in Albuquerque, New Mexico.

CYFD INVOLVMENT — HOW TO FILE FOR EMERGENCY CUSTODY IN ALBUQUEQUE, NEW MEXICO

CYFD routinely becomes involved with emergency custody issues. These issues usually surround abuse or neglect allegations.

Most CYFD cases begin with a referral or allegation. As a result, CYFD may engage “in home services.” In emergency situations, a 48-hour hold can occur.

A 48-hour hold involves the children being placed in CYFD’s custody for 48 hours. Usually, children are not removed from the family unless it is necessary to protect the child.

Moving forward, CYFD may enter a “Safety Plan.” This Safety Plan is an agreement. Nevertheless, the Safety Plan is not a court order and is not legally binding.

A 48-hour hold and/or Safety Plan usually results in a restraining order of protection being requested.

Ultimately, the order of protection process is necessary to receive an emergency protective order.

RESTRAINING ORDER OF PROTECTION INVOLVING CHILDREN

A restraining order of protection is usually the quickest way to get emergency custody in New Mexico.

Parents can get a protection order by filing a petition/request for order of protection. Moreover, the request for order of protection can involve children.

For instance, the petition may include allegations of parental abuse or neglect. In turn, the request for a protective order may include allegations of abuse that pose an immediate threat of harm to the child.

The Domestic Violence Court (DV Court) reviews the request. In doing so, the DV Court decides if the request contains probable cause to demonstrate that abuse likely ocurred. If so, a temporary order of protection (TRO) can be granted.

The TRO can grant a parent temporary, emergency custody without a hearing. Moving forward, a hearing must be set within ten days.

The hearing surrounds the allegations of abuse. Specifically, the assigned Hearing Officer decides if an act of abuse has occurred that poses an immediate threat of harm. If yes, then a restraining order of protection can be entered.

When entered, a restraining order can also control custody and visitation for six months. Consequently, the DV Court is usually the fastest way to get emergency custody in New Mexico.

With that said, the DV Court’s power (jurisdiction) over custody issues only lasts for six months. Therefore, an ongoing custody case eventually needs to be opened through the Domestic Matters Court (DM Court).

The DV Court handles emergency custody cases on a temporary basis. As expressed above, the temporary nature lasts for six months when a protective order is entered.

On the other hand, the DM Court deals with custody, visitation, and child support until the child becomes an adult.

Watch this video for more information on restraining orders involving children.

EMERGENCY MOTION — HOW TO FILE FOR EMERGENCY CUSTODY IN ALBUQUERQUE, NEW MEXICO

An emergency motion for ex parte order is usually the second fastest way to get emergency custody in New Mexico.

An ex parte order is an order entered without a hearing. An assigned judge can enter an ex parte order when the allegations demonstrate:

Immediate and and irreversible injury, loss, or damage will happen;
Before the other parent can be heard to oppose the request.

As mentioned, with protective orders, the DV Court can enter a TRO before a hearing. This TRO is an ex parte order.

Parents can also request an ex parte order through the DM Court. This motion usually connects with an existing custody case.

With that being said, the DV Court is usually the quickest route to file for emergency custody in New Mexico.

In some situations, the DM Court views the DV Court as the avenue for emergency custody orders. Accordingly, DM judges may view a request for an ex parte order as being less serious when a protective order has not been requested or issued. Moreover, DV or DM judges may view allegations of abuse less seriously when CYFD is not involved.

Are you wondering how to file for emergency custody in New Mexico? Has an act of neglect or abuse occurred that poses an immediate threat of harm to your child?

If yes, the DV Court is likely your quickest route to receiving emergency custody in New Mexico.

EMERGENCY MOTION TO MODIFY CUSTODY OR VISITAITON

The third fastest way to receive emergency custody is through an emergency motion to modify.

This ER motion is usually filed within an existing DM case. Moreover, an enforceable custody or visitation order usually is present within the DM case. In other words, the existing and enforceable custody or visitation order must be modified.

An ER motion may be necessary when a requested protective order (TRO) is denied.

Possibly the TRO was denied because the reviewing judge believed that the allegations involve “DM issues” and not DV issues. In other words, the reviewing judge may believe that the allegations do not warrant an emergency order being entered.

Instead, the reviewing judge may believe that the issues are non-emergency. Consequently, the non-emergency issues should be reviewed within the ongoing DM case.

Next, an ER motion to modify is necessary when an ex parte order is denied. In other words, the DM Court requires a hearing before a custody or visitation order is entered.

Consequently, an emergency motion to modify custody or visitation usually requires a hearing. At this hearing, the assigned judge hears the issues and can enter an immediate order.

It often takes a month – or longer – for this hearing to be held.