When a child’s safety or well-being is in jeopardy, California courts recognize the urgency of the situation by allowing for emergency child custody orders, often called ex parte orders. These orders serve as a vital means to ensure the immediate protection of a child from potential harm. Whether the circumstances involve domestic violence, substance abuse, neglect, or other pressing issues, the provision for emergency child custody is sometimes essential to safeguard the child’s best interests during difficult times. It’s a heartbreaking reality that families may face such challenges, and these legal measures are in place to offer a glimmer of hope and safety when it’s needed most.
What is Emergency Custody?
Emergency custody is a temporary legal arrangement issued by a court to protect a child from immediate harm or danger. This order is typically granted when the child’s safety, health, or emotional well-being is at risk. Once the order is issued, one parent usually gains temporary sole custody of the child until a hearing can be conducted.
Some of the most common reasons for requesting an emergency custody order include:
- Domestic violence
- Substance abuse
- Neglect
- Parental kidnapping
- Sexual abuse
The purpose of these emergency orders is to prioritize the child’s safety and prevent any further harm.
Criteria for Emergency Custody
In California, emergency custody orders are considered on a case-by-case basis and are not granted lightly. The court will consider the urgency of the situation and the potential harm to the child if the order is not granted. The requesting party must provide evidence that the child is in immediate danger such as:
- Police reports
- Medical records
- Witness statements
- Emails
- Text messages
- Voicemails
- Photographs
Without sufficient evidence, the court is unlikely to grant the order. In addition, the court is unlikely to grant the order for disputes that are not urgent such as disagreements about parenting styles or the custody arrangement. A child custody lawyer can help you determine if your case meets the requirements and assist in proving it in court.
Steps to File for Emergency Custody
Follow these steps to file for emergency custody in California:
Step 1: Fill out and file the required forms. The court requires several forms to consider emergency custody including a Temporary Emergency Order Form and a declaration that explains in detail the reasons for your request. Once you have completed the forms, you must file them with the court. There is typically a filing fee but the court may waive it if you are unable to afford the cost.
Step 2: Serve the other parent. Under California law, the other parent must be notified of the emergency custody request. There are exceptions to this rule including if there is a risk of imminent harm to the child. It is always best to utilize a process server as delivering the papers yourself can be dangerous.
Step 3: Attend the custody hearing. The court will schedule a hearing to determine custody as soon as possible. At the hearing, you must present your case and explain to the court why the emergency custody order is necessary. The other parent will also have the chance to present their case. The judge will then make a decision and decide whether or not to grant the emergency order.
A Child Custody Lawyer Can Help You with Emergency Child Custody in California
The process of seeking an emergency child custody order is incredibly overwhelming and often traumatic for both you and your child. Having knowledgeable advocates who understand both the law and the impact of trauma can make a significant difference during this difficult time. This can truly make a difference in achieving a positive outcome for you and your family.
At the Law Office of Darshann M. Wienick, we offer assistance with emergency child custody cases and can help you navigate the process from beginning to end. Our experienced team focuses on child-centered, trauma-informed lawyering. We understand the complexities of custody disputes and work diligently to ensure you are prepared. If you find yourself in need of a child custody lawyer, consider partnering with us. Get in touch today to schedule a consultation.
