In California, a court will award custody or modify an existing order based on what is in the best interest of the child. However, legally binding agreements can take weeks or longer to approve and unfortunately, time is not a luxury that a family may have. In cases where a child’s well-being is in immediate danger, a parent may be able to seek an emergency custody order. If it can be shown, for example, that one parent is engaging in child abuse or domestic violence, a judge may grant the other spouse temporary custody.
If you believe that either you or your children are in immediate danger, contact the police as well as the California Department of Child Support Services (DCSS). Once you can safely do so, contacting a knowledgeable family law attorney is highly recommended.
To request an emergency order you must file the following forms with the court:
- Order to Show Cause
- Temporary Orders
- Application for Order and Supporting Declaration
- Proof of Service Form
A judge will review your case and determine what emergency actions are appropriate. An emergency order is generally in effect immediately after being returned. You must also have the papers served directly to the parent in question by an adult other than yourself. Emergency custody agreements typically last until the court can determine if the situation warrants a permanent change in custody. A court date will be set where both sides will be allowed to present evidence supporting their case. While you are not required to retain legal counsel, when your family’s future is on the line, it may be best to avoid taking any chances, especially if your child’s other parent has secured an attorney.
Legal Help for Emergency Custody Issues
At the Edmund Law Firm, we are dedicated to providing compassionate legal guidance to those experiencing a child custody dispute. We also understand that false accusations do occur and whether you are seeking to implement an emergency action or an order has been levied against you, our San Diego child custody attorneys can help.
If you are ready to take action, call 800.481.2526 or contact us online and speak with an attorney about your family’s situation.