If your child’s health, safety, or emotional well-being is in danger, the court can step in right away—but you must act fast and with clear, documented evidence. Here are examples of situations where emergency custody may be appropriate:
- A parent is abusing the child, physically, sexually, or emotionally
- A parent is abusing drugs or alcohol while caring for the child
- The child has been neglected, left unsupervised, or isn’t receiving medical attention
- There is evidence of domestic violence in the home
- The other parent is threatening to take the child out of state or country without permission
- The child is in immediate danger due to unsafe living conditions (e.g., weapons, illegal activity, serious mental illness)
In these cases, filing an ex parte request under California Rule of Court 5.151–5.165 may be the only way to protect your child quickly and effectively.
When Emergency Custody Does Not Apply
While it’s incredibly frustrating to be kept from your child—or to disagree with the other parent’s choices—not every conflict rises to the level of emergency custody.
The court will NOT grant emergency orders just because:
- You’re not getting your full parenting time
- The other parent is dating someone you disapprove of
- You and the other parent are constantly arguing
- You feel the other parent is “a bad influence” without real evidence of harm
In these cases, the appropriate course is to file a Request for Order (Form FL-300) and follow the regular hearing process.
Filing an emergency request without real urgency can hurt your credibility in front of the judge, and it may affect your long-term custody rights. It’s always better to be cautious and consult with a knowledgeable family law attorney before filing anything.
Don’t Wait Too Long to Act
Timing matters. One of the first questions the judge will ask is, “If this is an emergency, why didn’t you act sooner?”
If you’ve known about the danger for days or weeks and didn’t take immediate legal action, the court may question how urgent or serious the situation really is. That’s why it’s critical to file as soon as you realize your child may be in danger—and to have the right legal help to present your evidence clearly and urgently.
What Happens After You File for Emergency Custody?
When you file for emergency custody in California:
- You submit your ex parte motion and supporting declaration, outlining the immediate threat to your child.
- The court will often review the documents within 24–48 hours.
- If the court believes the situation warrants emergency relief, it may issue a temporary custody order immediately.
- A formal hearing will then be scheduled, usually within 20 days, where both sides can present evidence.
Let Scott Mitchell Law Help Protect Your Child—Fast
At Scott Mitchell Law, we understand how terrifying it can be when you believe your child is in danger. Our team of experienced Modesto-based family law attorneys will work quickly to:
- Evaluate your situation
- Help you gather the right documentation
- Draft compelling legal arguments
- File emergency orders with urgency and accuracy
- Represent you at the court hearing
Your child’s safety should never be left to chance—or delay. We’re here to help you take swift, lawful action to protect them. Contact Scott Mitchell Law in Modesto today for a confidential consultation. If your child’s health, safety, or welfare is at risk, we’ll fight to get the emergency custody orders you need—fast.