What Is Emergency Custody?

There are many situations in which a parent might believe that their child is an immediate danger. When this happens, they may find it necessary to petition the court for emergency custody.

Whether you are a parent who fears for your child’s safety, or are a parent who has had an emergency custody order taken out against you, you need a compassionate and reputable family law attorney to handle your case. Here is more about what to expect from emergency custody orders in California.

What are Emergency Child Custody Orders?

If you believe that your child is in immediate danger, you may be able to petition the court for an ex-parte order. This is an emergency custody order that grants a temporary change to your existing child custody agreement. 

Family code 3064 allows parents to seek ex-parte orders under very specific circumstances. These are only issued in cases of urgency, such as child abuse or neglect.

Emergency custody orders are temporary, but they can have a significant impact on any final custody order issued by the judge. Some of the more common situations in which an emergency child custody order might be issued in California include:

  • Instances of domestic violence in the child’s other parent’s home
  • A parent being arrested for a DUI, drug crime, or other serious offense
  • Indications that there may be a sex offender living in the child’s other parents home
  • Indications that the child’s other parent is suffering from a physical or mental illness that puts the child safety at risk
  • Indications that the child is being physically abused or neglected by their other parent, or someone in the child’s other parents home
  • Indications that the child is a victim of sexual abuse 

What to Expect From Your Emergency Custody Hearing in CA

During your ex-parte hearing, you will have the opportunity to present your evidence before the court. The judge will hear the evidence presented, and may appoint a guardian ad litem to investigate.

If they find that an ex-parte custody order should be issued, the temporary order will be filed, and a hearing will follow. In many cases, emergency orders will stay in effect until the hearing.  At the hearing the judge will determine whether the temporary emergency custody order should be modified, extended, or terminated.

How to Prove Emergency Custody is Necessary 

Simply making an accusation against your child’s other parent is not enough to warrant an emergency custody order. You need to be sure that you have evidence to prove your claims. Some different types of evidence that could be used to support your case include:

  • Photos, especially in questions surrounding abuse 
  • Videos
  • Social media posts
  • Text exchanges
  • Emails and social media messages
  • Other communication threads
  • Witness statements
  • Police reports
  • Voice recordings
  • Reports from child protective services

You might also consider bringing your child to be medically evaluated by a physician, and filing reports with police if you have concerns surrounding physical or sexual abuse by your child’s other parent or within their household.

The evidence presented in your case should provide irrefutable proof that your child is in danger if you hope to win your emergency custody order in California.

Are you a parent who has concerns for their child safety? Do you suspect that your child’s other parent has taken out an emergency custody order against you? If so, reach out to an experienced child California custody lawyer at the Grey Legal Group for help. 

Schedule your no-obligation case review when you complete our quick contact form or call our office at 951-441-2738. 

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The Grey Legal Group

At The Grey Legal Group, we believe in helping all families with their legal needs so they can be protected on your journey back to a calmer, happier place of stability. Whether it is divorce, child custody, guardianship, domestic violence, or adoption, we have seen it all before and we can help you through it. With the legal knowledge and experience we bring to the table, we will be certain to find the best and most efficient solution to your situation.

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