If your children are at risk of physical harm in their current custody arrangement, you can file for emergency custody to remove them from that person’s care until an official custody hearing can be scheduled. Here is what you need to know about how to file for emergency custody in California.
Meeting Legal Grounds for Emergency Custody
Emergency custody orders, or “ex parte” orders, are temporary court orders issued quickly using an expedited process.
These orders are reserved for true emergency situations. You should not seek emergency custody just because you are in the middle of a custody battle and want to speed up the process.
Emergency custody is generally appropriate in cases in which the child is at risk of harm or being taken out of the state without proper notice. Common legal grounds for emergency custody orders include:
- Child abuse or neglect
- Domestic violence
- Sexual abuse
- Substance abuse
- Endangerment from the environment
- Abandonment
You will generally need to provide credible evidence to show the judge that the current types of child custody awarded in your arrangement are no longer safe for your children. Evidence may include:
- Police reports
- Medical records
- Witness statements
- Emails and text messages
- Photographs
How To File for an Emergency Custody Order in California
If you believe your children are in danger under the current custody arrangement, here is how to file for emergency custody in California:
- File a Request for Order (Form FL-300) and a Temporary Emergency (Ex Parte) Order (Form FL-305) through the family court in your jurisdiction.
- Prepare a supporting declaration that explains the emergency and provides any evidence of why a temporary custody order is necessary.
- Provide notice to the other parent, unless exceptional circumstances exist.
- Attend a hearing on the same day or the next court day. At this hearing, the judge will determine whether to issue a temporary custody order to be active until the follow-up hearing, which is usually within 20 or 25 days.
At the follow-up hearing, both parties can present evidence to extend, modify, or terminate the temporary order.
How Working With a San Mateo Family Law Attorney Can Provide Clarity When Navigating Custody
Filing for emergency custody is just one of many situations that may arise when you share custody of your children with a person you are not in a relationship with. Issues like child support, visitation, and parenting time can also arise, not to mention divorce-related issues like property division. A San Mateo family law attorney can provide clarity and legal support.
If you are seeking emergency custody or need help protecting children in emergency situations, learning more about how a San Mateo family law attorney can assist you may provide peace of mind as you navigate your next steps.
Seek Legal Assistance From Viola Law Firm P.C.
If you need assistance filing for emergency custody, navigating the emergency child custody hearing process, or even understanding concepts like child support, Viola Law Firm P.C. can provide legal assistance. Request a consultation today at 650-343-6400.
