Riverside Attorneys Helping You Protect Your Children Through Emergency Custody Orders
When your child’s safety is at risk, waiting weeks or months for a standard court hearing isn’t an option. Prompt legal action may be necessary. In California, an emergency custody order allows a judge to make temporary custody decisions without waiting for the standard court process.
At Cullen Family Law Group, our certified family law specialists and divorce lawyers have in-depth experience in urgent custody cases. We understand the urgency these situations demand. From preparing documentation to representing you at hearings, our emergency custody orders lawyer is ready to respond to your family’s needs.
What Qualifies As An Emergency Custody Situation In California
California Family Code 3064 sets strict rules for emergency custody orders. “Emergencies” include cases where there is proof of “immediate harm to the child” or a risk that the other parent may take the child out of state. Legitimate emergency situations may include:
- Recent domestic violence cases that affected the child or occurred in the child’s presence
- Child abuse or neglect that puts the child at immediate risk
- Sexual abuse of recent origin or part of an ongoing pattern
- Dangerous substance abuse by a parent currently caring for the child
- Credible abduction threats or evidence that a parent plans to flee with the child
- Abandonment of the child without proper care arrangements
Some situations, although concerning, aren’t emergencies. These might include disputes about parenting choices or small breaches of custody orders. Courts might also dismiss claims if there’s no evidence.
How To File For An Emergency Custody Order In Riverside County
The filing process involves these key steps:
- Prepare your paperwork: This includes a Request for Order, Temporary Emergency Orders and a detailed written statement explaining why your situation is an emergency, as well as any supporting evidence
- Notify the other parent: In most cases, someone must notify the other parent the day before your hearing to inform them about your emergency request
- Deliver documents: Have a person over 18 (not you) personally deliver copies of your paperwork to the other parent
- File with the court: Submit your documents a day before your hearing at the Riverside courthouse, either in person, by mail or online through the court’s electronic system
- Attend your hearing: If the court grants your request for an emergency hearing, you’ll need to appear and explain your situation to the judge.
In truly dangerous situations where notifying the other parent might put your child at greater risk, the court may waive the notification requirement. However, this happens rarely and requires strong justification.
What You Can Expect At Your Emergency Custody Hearing
Emergency custody hearings are often brief but consequential, with the judge focused solely on addressing the immediate safety concern. At the end of the hearing, the judge might make one of several possible rulings:
- Grant temporary emergency orders that remain in effect until your next hearing
- Deny emergency orders, but set a standard hearing date for your custody request
- Continue the hearing to gather more information if needed
It’s crucial to understand that any orders issued are temporary. They do not determine the final custody arrangement. However, they can set up a short-term safety plan for your child until the court can hold a more detailed hearing.
We Are Ready To Stand With You: Call Cullen Family Law Group Today
If you believe your child is in an emergency situation, consult with an emergency custody orders lawyer. Call us today at 951-715-4632 or send us a message through our contact page. With convenient office locations in both Riverside and Temecula, we serve families throughout Riverside County.