If a child is in immediate danger, a parent has the power to petition the family court for an emergency custody order. The parent can temporarily remove the child from a dangerous situation as soon as possible instead of waiting until the next child custody hearing. Here’s how to get an emergency custody order in California.
The person initiating the emergency custody order must fill out California court forms, follow local court procedure, make copies of the forms, file the papers with the court clerk, and await the judge’s decision.
Temporary Emergency Custody Order in California
A temporary emergency custody order allows a parent to remove their child from the custody of the other parent in case of an emergency. Temporary emergency orders must be obtained from a judge at the local family court. All emergency custody orders are temporary. They are effective only until the next custody hearing. At the next custody hearing, the judge may consider the state of the emergency custody order in making a determination about the custody arrangement.
Steps to Filing for an Emergency Custody Order in California
- Fill out court forms:
- Request for Order (Form FL-300). Check the box for “Court Order” and item 4 to demonstrate that this request is for temporary orders effective before the hearing.
- Temporary Emergency (Ex Parte) Orders (Form FL-305).
- If applicable, fill out a Declaration (MC-030) to provide a detailed explanation of why the temporary orders are necessary.
- Follow the local court’s procedure for temporary emergency orders.
- Local courts typically have different rules for temporary emergency orders. Some courts may require the petitioner to show that they informed the other parent about the temporary emergency order request. Courts typically have additional forms to fill out to meet this requirement.
- Consult an experienced attorney from Her Lawyer for assistance following your local court’s procedure for temporary emergency orders.
- Include additional attachments.
- If there is an existing written agreement about the temporary custody of the child, attach it to the Temporary Emergency Custody Orders form.
- Make at least 2 copies of all the documents.
- File the forms at the courthouse.
- Take the original documents and all copies to the court clerk’s office to file.
- These documents must still be reviewed by a judge before a temporary emergency order can be issued.
- The clerk will provide a timeline for picking up the papers and receiving a decision from the judge about the emergency custody order.
- Pick up the filed papers from the clerk’s office.
- The front page of the Request for Temporary Emergency Orders form will show the temporary orders made by the judge, if any.
- The temporary custody orders are immediately effective and last until the next court hearing.
Related: How to File for Child Custody in California
FAQs
What are the steps for getting an emergency custody order in California?
In order to get an emergency custody order in California, the parent must fill out California court forms, follow local court procedure, make copies of the forms, file the papers with the court clerk, and await the judge’s decision.
Related: 9 Factors That Affect Child Custody in California
What should I do if the temporary custody order petition process is too complicated?
The various forms and local court procedures for emergency custody orders can be confusing. Consult an experienced attorney from Her Lawyer for assistance throughout the filing process.
Related: Child Custody Laws in California
Contact Us
If you or a loved one is seeking a temporary custody order, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our California Child Custody Attorneys today!