If you suspect or have evidence that your child is a victim of abuse or neglect by the other parent, you may file for an ex parte order. There are several reasons for emergency custody where California courts may issue an order.
Keep reading as we explore them and how the legal process of applying for one looks.
Reasons for Emergency Custody California
In most cases pertaining to child custody, California courts issue orders after they’ve had sufficient time to consider them. This is not the case for emergency custody. When a parent tries to protect their child from the other, they file for emergency custody.
You may file for emergency custody in California under the following grounds:
- Child abuse or neglect
- Domestic violence
- Substance abuse or addiction
- Parental incarceration or sudden incapacity
You must request an emergency hearing and provide the court with sufficient evidence to get an emergency custody order. Because you want to get the emergency custody order as soon as possible, you need the best family law attorney in California.
With Moore Family Law Group, you can be assured that our attorneys will do everything they can to help you through this taxing time.
Child abuse or neglect
Should you and your co-parent share custody and you are worried about your child’s welfare while they are with them, you should consult a lawyer immediately.
Make an urgent hearing request as soon as you can if you think your child(ren) is in danger or if you have proof of any signs of abuse or neglect. It may also be helpful if you have documents supporting your claim for an ex parte order, like a letter from a counselor, doctor, or witness statement. Your witness should also plan to appear to testify on behalf of the child.
California has a significant system of intervention for child abuse and neglect, CPS (Child Protective Services). CPS services are available for children when they are victims of, or at risk, of abuse, neglect, exploitation, and parental absence.
The role of CPS is to intervene in the following instances:
- Physical injuries to a child by means other than accidental ones
- Willful cruelty or unjustifiable punishment inflicted on a child
- The child was abused or exploited sexually
- A parent or a caretaker neglects a child and fails to provide sufficient food, shelter, clothing, medical care, and supervision.
- A child threatens to hurt themself
If your child is experiencing abuse or neglect at the hands of the other parent, contact the CPS agency in your county.
Domestic violence or threats of harm
Unfortunately, accusations of domestic abuse often lead to divorce proceedings.
If your spouse is abusive, your children are in danger, regardless if you or your child experience domestic abuse. Do not think twice and immediately contact law enforcement. The law enforcement officer should contact a judge to request an emergency protective order to be issued if they believe there is a danger of:
- Child Abuse
- Domestic Violence
- Abduction
You might also require an order of protection or restraining order and an emergency custody order. The court will assist you in removing your child from the harmful circumstance and award you full custody of your child/children.
Substance abuse or addiction
If you suspect your spouse or domestic partner uses addictive substances around your child/children, under California law, this is considered child abuse.
Circumstances that are considered child abuse or neglect are the following:
- The use of a controlled substance that impairs the ability of a parent to care for the child/children
- If the parent manufactures or is in possession of illegal drugs in the presence of the child/children
You may report the other parent to your county’s CPS agency. A social worker will investigate the report to complete a risk assessment and determine if there are sufficient grounds to open an investigation.
If the investigation determines that your child is in danger when under the other parent’s care, CPS will remove the child, and you may have full custody.
The other parent may voluntarily seek rehab or be ordered one by the court. This is for reunification purposes post-rehab treatment.
Parental incarceration or sudden incapacity
If the other parent engages in criminal activities that lead to their incarceration, you may file for an emergency order to modify custody. Depending on the length and severity of the crime committed, the court will make temporary or permanent custody arrangements.
The ultimate goal in each case, if possible for the court, is reunification. So, after the mandated rehab or incarceration, there may be efforts to reintegrate and reunify the parent and child.
You may also file for an emergency custody order if the other parent is incapable of handling their parenting responsibilities due to a physical or mental health condition.
How to File for Emergency Custody in California?
The legal process of filing for emergency custody in California has the following steps:
- Filing an emergency custody petition–you will need to fill out a Request for Order (form FL-300) and a Temporary Emergency Order (Ex Parte) (form FL-305).
- Obtaining temporary custody orders– if the judge considers sufficient evidence to support your case, they will approve a Temporary Emergency Order (Ex Parte) (form FL-305), which will last until your court hearing.
- Notifying the other parent and finding legal representation– you must notify the other party of the case. Generally, another adult will need to serve them the papers personally.
- Court hearings and evidentiary requirements– during the court hearing, both sides will have a chance to present evidence supporting their case. If you have any documents supporting your claims, like a letter from a doctor or a counselor or a police report, present them before the judge.
Conclusion
What are the reasons for California courts to consider emergency custody? If your child is a victim of abuse and neglect when under the care of the other parent, you may file an emergency custody order. Other considerations include substance abuse, addiction, mental or physical health conditions, and incarceration. If any of these apply to your situation, contact us for more information and help!