Ask a CA Divorce Attorney: What is Emergency Custody?

Pleasanton CA child custodyIn custody cases, there may be times when the family law courts need to step in and take immediate action in order to ensure a child’s safety. Today, we’re looking at emergency custody and discussing the ways in which this type of temporary custody varies from standard custody orders. 

As the name implies, emergency custody is only for emergencies where the child’s safety is threatened or jeopardized in any way. It is not meant to be an alternative for mediation, standard custody courtroom proceedings, or a way for a parent to try to assert their custody rights. Let’s take a look at some scenarios that could warrant emergency custody in CA. 

Grounds for Requesting Emergency Custody in California

While this is not an exhaustive list, here’s some examples where seeking emergency custody could be warranted due to the immediate threat to the child’s safety:

  • The other parent or someone in the other household is physically or verbally abusing the child
  • The child is being neglected or abused by caregivers
  • The other parent is engaging in substance or drug abuse 
  • The child is being kept from adequate access to healthcare
  • The other parent is not allowing you access to the child
  • The other parent is trying to leave the state or the country with the child

Establishing the Need for an Emergency Custody

As you can see, justifying emergency custody usually involves serious and immediate, pressing circumstances. The family law courts will usually expect or require robust evidence before they can proceed to make an emergency custody order. 

As these types of cases move fast in contrast to standard custody hearings, you’ll want to ensure that you’re fully prepped with the evidence that you need. You should rely on evidence such as sworn statements, any relevant medical records, police report, documents or reports from social workers and healthcare workers, text messages or other communications between parties, social media posts or behaviors, and more. 

Talk to a Family Law Attorney in California Today

Emergency custody orders have application in urgent cases that require immediate intervention. That said, you don’t want to risk the chance of the petition not being upheld by the court due to lack of evidence or pushback from the ex. Protect yourself and safeguard your loved ones by consulting with a seasoned family law attorney, someone who can advocate on your and your child’s behalf. 

Learn more about what we can do at the Law Offices of James P. White. Schedule a initial consultation by giving us a call at 925-271-0999 today.