A Successful Emergency Custody Order Could Change Your Child’s Life

Posted by Joseph D. Lento | Apr 13, 2022 | 0 Comments

Custody situations are never easy to deal with, but when a child's safety is at risk, it becomes much more serious. The State of New Jersey has a method for dealing with threats to a child's safety, known as an emergency custody order. If you feel such an order applies to your child's situation, then you must act quickly and effectively. If you don't, the consequences could be dire.

Emergency Custody in New Jersey

In New Jersey, parents have the option of addressing threats to their children by means of an “Order to Show Cause” or an emergency custody order. Parents may seek emergency custody when they feel their child is at serious risk of harm and ask that the child be placed in their or someone else's custody until the child is safe.

As an emergency custody order supersedes any existing custody order, the burden to provide evidence that your child is in danger is high. An emergency custody case might apply if the normal custodial parent is in jail or imprisoned, the child has been taken to another state or country without the other parent's permission, the child has been physically or mentally abused by the parent or anyone staying in the home, if the child has been exposed to substance abuse in the home, or in other situations that could pose harm to the child.

Denial of Emergency Custody Can Have Tragic Consequences

A recent case in New Jersey shows how a denied custody order failed to protect a child. On March 3, the Ocean County Prosecutor's Office received a report from the State's expert witness that six-year-old Corey Micciolo died by homicide on April 2, 2021, as a result of blunt force impact to the chest and abdomen. His father, 29-year-old Christopher Gregor, has been charged with his son's murder.

One day before Gregor allegedly beat his son Corey to death, Corey's mother, Breanna Micciolo, had filed for emergency custody of her son. For almost one year, Micciolo had been in contact with the New Jersey Department of Child Protection and Permanency (DCPP), stating that Corey had been coming home with bruises, scrapes, black eyes, and a “bite mark” for all of that time.

Upon seeing a pediatrician the day before Corey's death and finding him with several bruises, Micciolo filed an emergency custody order pending the completion of DCPP's ongoing investigation. According to the judge that ruled against Micciolo's order, she had not demonstrated that the minor child was “in danger or imminent or irreparable harm.”

The next day, Micciolo left Corey with his father and later received a call that Gregor had dropped Corey off at the hospital for being “lethargic.” Gregor left the state that same day and was later charged with Corey's murder.

How a Custody Attorney Can Help

Getting an emergency custody order is not always easy, and it often takes the expertise of a custody attorney for the order to be granted. An attorney with experience handling child custody cases will understand the gravity of your situation and be able to navigate the process quickly and efficiently for you. If you believe you need an emergency custody order for your child in New Jersey, contact Lento Law Firm by calling 888-535-3686.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento is a veteran of one of the nation's busiest family courts with nearly 20 years' experience passionately helping families. By day, he worked in the trenches of family court, and at night, he studied the law. He helped countless families while working at family court, and he went on to become an attorney, dedicating his law practice to continuing the work he started years earlier. Mr. Lento's experience both behind the scenes and on the front lines allows him to understand a client's family law matter from all angles, and allows him to find and employ the most effective strategies to get favorable outcomes for any client. Joseph D. Lento is licensed in New Jersey and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings! He does not settle for the easiest outcome, and instead prioritizes his clients' needs and protects their interests.


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