An emergency custody order, also called an ex parte order, is issued when a child faces an immediate risk of harm, such as abuse, neglect, or exposure to dangerous conditions. These orders are granted without the usual notice requirements and can significantly change an existing custody arrangement in the short term.
To obtain an emergency custody order, a parent must provide strong evidence that the child is in immediate danger and that waiting for a standard custody modification would place the child at further risk. The court may issue this order without input from the other parent, but a follow-up hearing will be scheduled to ensure fairness.
A temporary custody order is different from an emergency custody order. Temporary orders are granted while a custody case is still pending, providing short-term custody arrangements until the court makes a final ruling.
Parents commonly request temporary custody orders in situations such as:
Unlike emergency orders, temporary custody orders require both parents to be notified and given a chance to present their arguments before the court decides.
To obtain an emergency custody order in Los Angeles, a parent must demonstrate that immediate harm exists. Courts generally grant these orders only in severe situations, including:
If your situation involves any of these factors, acting quickly is essential. Our Los Angeles emergency custody lawyers can help you file the necessary documents and present compelling evidence to protect your child.
(424) 600-2731The process for obtaining an emergency custody order requires careful preparation and a strong legal argument. Here’s how it works:
Filing a Motion for Emergency Custody
The first step is to file a Request for Order (RFO) with the court. This document outlines the need for emergency custody and provides supporting evidence. A judge will review the request and determine whether an immediate order is necessary.
Providing Supporting Evidence
To increase the likelihood of success, you must present evidence showing that the child is in danger. This can include:
Attending an Ex Parte Hearing
Emergency custody requests are often heard in an ex parte hearing, meaning only one parent may be present. If the judge grants the request, a temporary emergency order will be issued, and a follow-up hearing will be scheduled to allow both parents to present their cases.
Attending a Full Custody Hearing
A full hearing will be scheduled within a few weeks, giving both parents the chance to provide evidence and argue their position. The judge will then decide whether to extend, modify, or revoke the emergency order.
Unfortunately, some parents misuse emergency custody orders to gain an advantage in a custody dispute. If your co-parent has falsely accused you of wrongdoing, it’s essential to fight back with strong legal representation.
To challenge an unfair emergency custody order, you should:
If your custody rights have been unfairly limited, Atighechi Law Group can help you take the necessary legal steps to restore your parental rights.
Temporary custody orders remain in effect until the court issues a final custody decision. In some cases, they can last for months, especially if a long-term custody dispute is unresolved. However, emergency custody orders typically expire within a few weeks unless extended by the court.
Yes, if you can prove that the neglect is serious and poses an immediate risk. Examples include leaving a child unsupervised for extended periods, failing to provide food or medical care, or exposing them to dangerous environments.
If a judge determines that immediate action is necessary, an ex parte emergency custody order can be granted within 24 to 48 hours. A full custody hearing will be scheduled shortly after.
If a parent violates a temporary custody order, you can take legal action by filing a contempt motion with the court. Violations may result in fines, loss of custody rights, or even criminal charges.
While you can file on your own, having an experienced family law attorney significantly improves your chances of success. An attorney can help gather evidence, complete paperwork accurately, and present a strong case to the judge.
If the child is in California, you may file for an emergency order in a California family court, even if the primary custody case is in another state. However, jurisdiction laws can be complex, so consulting a lawyer is highly recommended.
Yes, if both parents are unable or unfit to care for the child, a family member may petition for emergency custody. The court will consider the child’s best interests and whether the relative can provide a stable and safe home.
I hired Maryam for my very high conflict and complicated custody battle. She took an emotional, dreadful, and exasperating experience, handled it with expertise, professionalism, and calmness that made it possible for me to be calm and believe that everything would work out. Everything did work out, and I’m SO THANKFUL for her. She’s sharp, smart, confident, and a fighter, all while being reasonable and not making a complicated situation worse. I would HIGHLY recommend her. The best experience I’ve ever had with an attorney. Not for one moment did I ever feel like I was just a paycheck to her, and she was worth every penny. Thank you Maryam, you were awesome!
Crystal
I really am not sure how I found Maryam originally, but I’m so glad that I did. My divorce and custody battle dragged out for over two years, but in the end I have full custody of my children and have been able to move on with my life. Divorce is emotionally difficult, but having Maryam navigate the legal waters made the whole situation easier. I highly recommend her if you need an attorney who will help you work through your family law matters with compassion and conviction.
Jamie
I have personally witnessed justice being served. Going through a rough custody and support battle with an ex that has immeasurable funds and zero sense of responsibility, we would not have made it through without my attorney, Maryam Atighechi. She gotten me the custody order that I requested. Her calmness in the face of storm paired with the spirit of tenacity make her an amazing legal representative. She is the BEST attorney!
Toni