If you need to get immediate emergency custody of a child in San Diego, time is of the essence. Use this step-by-step guide to learn how to request an order for emergency child custody in San Diego County, and what you’ll need to get your request approved. Since each case is unique, you should always consult a child custody lawyer in San Diego about your specific child custody emergency.
What Is Emergency Child Custody?
An emergency child custody order, also known as an ex parte order, is a custody order granted by a judge that gives the noncustodial parent temporary physical custody of a minor child in an emergency situation. Ex parte orders may be granted the same day or the next business day, depending on the circumstances.
How to Ask for an Emergency Order in San Diego
If you need to request emergency custody in San Diego County, take the following steps to initiate the legal process as soon as possible:
- Fill out the required applications: FL-300 Request for Order alongside the Ex Parte Application and Order Form for the County of San Diego. Fill them out completely, describing why ex parte relief is necessary. You can use the court’s self-help center or contact a child custody attorney for help with this form.
- Provide supporting evidence with your application to improve your chances of having the request approved. This may include texts or emails, witness statements, photographs, videos, or school or medical records.
- File your request and supporting documents with the San Diego Family Court. Bring it in person to the correct courthouse division (based on your location) or fax the paperwork. An emergency hearing may be scheduled.
- Notify the other parent. Unless the court excuses you for not giving notice due to good cause, such as fear that it would escalate the danger for the child, you must notify the other parent by 10:00 AM the day before the court reviews the request.
- Attend necessary hearings or meetings. A judge will review the ex parte request to determine if immediate intervention is necessary. If so, the emergency custody order will take effect immediately. A follow-up hearing will typically be scheduled to decide if any permanent changes need to be made to the custody agreement.
Requesting emergency child custody in San Diego can be a confusing, stressful and emotionally taxing process. Contacting Boyd Law to handle this request and any related hearings for you can improve your chances of getting the outcome you want for your child.
When Will the San Diego County Courts Approve an Emergency Custody Request?
It is important to know when an ex parte order is appropriate, meaning when the San Diego courts will approve these requests. There must be proof that the child may be in immediate danger where he or she currently is located, while in the custody of the other parent.
In general, the San Diego courts will only grant emergency custody orders in urgent cases, such as:
- Domestic abuse or violence
- Physical, emotional or sexual child abuse
- Severe neglect or child abandonment
- Medical neglect
- Parental abduction or threats of abduction
- Exposure to substance abuse
- Exposure to serious harm or dangerous environments
- Lack of supervision
- Unsafe living conditions
Any urgent safety issues that could endanger the child should be handled with an emergency custody request to protect the child from immediate or imminent harm. In a life-threatening emergency, involve the police. If your situation is not urgent, you can contest the custody order or request a modification from the courts instead with help from an attorney.
