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How New York Family Court Handles Emergency Custody Petitions During the Holidays
Call now: 516-660-4354
Holiday conflicts often escalate into emergency custody filings, but New York courts only respond when a child faces immediate risk—not when parents simply disagree about plans. Judges look for credible evidence of danger, such as substance abuse, domestic violence, or refusal to return a child after visitation. Understanding what qualifies as an emergency helps parents act wisely, protect their credibility, and secure urgent relief when safety is truly at stake.
The holiday season should be peaceful. Instead, for many families in Suffolk County, it becomes the moment everything falls apart. Year after year, December brings a surge in emergency custody petitions—parents reporting safety concerns, withheld parenting time, or surprise attempts at relocation.
But here’s the truth: most parents misunderstand what actually qualifies as an emergency in Suffolk County Family Court. A disagreement over a holiday schedule is not an emergency. Judges are focused on immediate risk to the child—not holiday disappointment.
Why You Need Experienced Representation in Suffolk County
Emergency matters and Neglect Matters in Suffolk County often extend over many months with numerous court appearances. After 40 years of practice, I have seen how the traditional hourly rate model used by most attorneys is unfair. Often, you are paying an attorney to wait for hours in court for the case to be called, resulting in massive fees with little progress.
"I have worked my whole life and paid my own way, so I truly understand the concern about legal costs," says Steven Zalewski. "I want my clients to be confident that they will get the best representation and not worry about being able to afford to have their attorney complete the case."
A Transparent Flat-Fee Structure
To provide stability in an unpredictable process, I offer a clear flat-fee structure for all Family Court proceedings:
- The Pre-Trial Fee: One set fee that covers all proceedings and appearances prior to trial, regardless of the number of court dates.
- The Trial Fee: One set fee for the trial, due 30 days before the scheduled trial start date.
This model ensures you can focus on your child's safety, not the ticking clock. For those who need assistance, I also have payment plan systems available. My goal is to get you to court and get results.
What Counts as a True Emergency in New York?
Judges in Suffolk County will consider emergency relief (often through an "ex parte" order) only when there is credible evidence of immediate danger, such as:
- Physical danger or domestic violence witnessed by the child.
- Drug or alcohol impairment while caring for the child.
- A parent refusing to return the child after holiday visitation.
- Neglect Matters involving medical or safety concerns.
How Suffolk County Judges Resolve Emergency Petitions
If you file an emergency petition, the court acts quickly to protect the child. A judge may:
- Transfer custody temporarily.
- Suspend parenting time or order supervised visitation.
- Involve an Attorney for the Child to represent their best interests.
Because cases in Suffolk County can be extended over a significant period, having a flat-fee attorney ensures that your representation remains consistent from the first emergency hearing through the final resolution.
Clarity. Confidence. Control.
Holiday custody emergencies move quickly, and the court acts on facts and evidence, not frustration. With a predictable flat-fee model and an advocate who understands the value of a dollar and the importance of your family’s safety, you can move forward with confidence.
Contact Steven Zalewski, Esq. — Suffolk County Family Court Attorney
📞 Office: (516) 377-7830
📱 Cell: (516) 660-4654
📧 Email: steve@zandzfamilylawyers.com
🏛 Address: 1601 Veterans Memorial Highway, Suite 500, Islandia, NY 11749
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At Zacarese & Zalewski P.C., when something isn’t right, say something—and we’ll do something about it with you.
Our flat-fee structure is clear: one flat fee for pre-trial work, and a trial fee only if your case goes to trial or a hearing. Call now and a professional will return your call quickly; if we miss you, we'll call back the same day.
