Is the child home alone? I doubt it. Likely other members of his family have the child so no it would not be an emergency nor an endangerment by the father. Did someone get wind of his deployment perhaps and decide to make a legal move? Some of the nastiest dirty tricks and corruption you will ever see is in the agencies and courts that decide these cases.
Signed,
A man who was found in contempt of court for trying to tell the WHOLE truth and protect kids no one in the system gave a rats ass about.
Should the court make a decision based on "likely", or should the court determine what the facts are? Seems to me the latter's the better policy.