Emergency Custody When a Parent Is Using Drugs in San Diego

Courts in California prioritize the safety and well-being of children above all else. When a parent is using drugs and placing a child in danger—whether through neglect, impaired judgment, or unsafe living conditions—emergency legal action may be necessary.

If you’re concerned about your child’s safety, you may need to pursue emergency custody based on parent drug use in San Diego.

At Mattis Law, A.P.C., we understand how frightening and urgent these situations can be. Acting quickly and strategically can help protect your child while ensuring that your actions align with the law.

What Qualifies for Emergency Custody in California?

An emergency custody (ex parte) order temporarily changes a current custody arrangement without the typical notice period. These orders are only granted in urgent situations where there is an immediate risk of harm to a child.

Family courts may approve an emergency custody order in cases involving:

• Physical or sexual abuse
• Serious neglect
• Domestic violence
• Parental drug use or substance abuse

In a substance abuse custody case, California courts are particularly concerned when the drug use interferes with a parent’s ability to safely care for the child. It’s not enough to suspect recreational use. You must show that the parent’s drug use endangers the child’s health, development, or emotional well-being.

Understanding Parental Unfitness in Family Court

To grant emergency custody, the court must see the parent as currently unfit—that is, unable to meet the child’s basic needs or provide a safe and stable environment.

In family court proceedings, evidence of the following may support your case:

• Drug use in the child’s presence
• Impaired parenting or neglect due to intoxication
• Criminal activity related to drug use
• Drug paraphernalia found in the home
• Prior CPS involvement related to substance abuse

The court doesn’t require a criminal conviction or formal diagnosis to act; credible evidence of ongoing drug use and its impact on the child may be enough to justify emergency intervention.

Gathering Evidence to Support Your Emergency Custody Petition

Filing for emergency custody due to parent drug use in San Diego requires compelling, factual documentation. Courts rely on evidence, not assumptions or personal opinions. Thus, having an experienced family law attorney can ensure your evidence is organized, admissible, and clearly presented to the court.

Examples of strong supporting evidence include:

Witness Statements

Neighbors, teachers, family members, or babysitters who have seen drug-related behavior or neglect can submit declarations.

Text Messages and Voicemails

Messages referencing drug use, being “high,” or admitting to being unable to care for the child may support your claim.

Photos or Videos

Images showing unsafe living conditions, visible drug paraphernalia, or intoxicated behavior around the child.

Police or CPS Reports

Prior law enforcement visits or open CPS investigations carry significant weight in court.

Medical or School Records

Missed medical appointments or a decline in school performance due to parental neglect.

Requesting a Drug Test Order in Custody Cases

In California, family court judges have the authority to issue a drug test order custody directive if there’s reason to believe a parent’s substance use is affecting their ability to parent safely.

Drug tests may include:

• Urine testing
• Hair follicle testing (for longer history)
• Court-approved substance use assessments

Refusing to take a court-ordered drug test can negatively impact the parent’s case, sometimes leading to temporary or full suspension of their custodial rights.

How to File for Emergency Custody in San Diego

Here’s what the child protection emergency order process looks like in San Diego family court:

Step 1: Complete the Paperwork

You’ll need to submit:

• FL-300: Request for Order (to change custody)
• FL-305: Temporary Emergency (Ex Parte) Orders
• FL-303: Declaration in Support of Ex Parte Application

Include a detailed personal declaration explaining the parent’s drug use and why it poses an immediate threat to your child.

Step 2: File With the Court

File your forms with the appropriate San Diego family law courthouse. The court may decide on your request the same day or within 24–48 hours, depending on urgency.

Step 3: Attend the Hearing (If Scheduled)

If granted, the emergency order is usually temporary, lasting until the court can hold a full hearing where both parents are present. At this hearing, the judge will evaluate all evidence—including any drug test results—and decide whether to continue, modify, or end the custody arrangement.

Factors That Courts Consider in Substance Abuse Custody Cases

In making custody decisions involving drug use, California courts focus on one standard: the best interests of the child. So, the court will consider:

• Whether the child is physically or emotionally harmed by the parent’s drug use
• Whether the parent is making efforts to seek treatment
• The stability and safety of the home environment
• The ability of each parent to meet the child’s daily needs
• The nature and frequency of drug use (occasional use vs. chronic abuse)

If the court finds sufficient evidence, it may order supervised visitation, require enrollment in rehab or parenting classes, or suspend visitation rights entirely until the parent demonstrates stability.

What Happens After the Emergency Custody Order is Granted?

If the court grants emergency custody, the case doesn’t end there. You must prepare for the follow-up hearing, typically held within 20–25 days. During this hearing:

• Both parents can present additional evidence
• The court may order drug testing or CPS involvement
• A long-term custody modification may be issued

Having skilled legal representation during this phase is crucial. You’ll need to prove that your proposed custody arrangement—whether sole legal custody or supervised visitation—is in the child’s best interest, given the circumstances.

What If You’re Being Falsely Accused?

If you’re the parent being accused of drug use, the stakes are equally high. You have the right to defend yourself against false allegations. Possible defenses include:

• Voluntary drug testing to prove sobriety
• Testimony from witnesses who can refute the claims
• Evidence that the accusations are retaliatory or malicious
• Substance abuse evaluations from medical professionals

Whether you’re seeking protection for your child or defending your custodial rights, it’s vital to have knowledgeable legal guidance.

Reasons to Choose Mattis Law, A.P.C.

Attorney Amelia J. Mattis has earned her place as one of California’s Top 10 Family Law Attorneys and has been recognized as a Super Lawyers Rising Star in San Diego. She has extensive experience handling high-conflict custody disputes involving substance abuse, domestic violence, and parental unfitness.

At Mattis Law, A.P.C., we take an empathetic but aggressive approach to protecting children in crisis. Our firm helps clients collect critical evidence, navigate emergency filings, and present a compelling case to the court.

When to Contact a Family Law Attorney

You’ll want to reach out to a family law attorney if:

• You believe your child is in danger due to parental drug use
• You need help requesting an emergency custody order
• The other parent is refusing drug testing
• You’re defending against false substance abuse allegations
• You’re preparing for a follow-up custody hearing

Speak With Our Experienced Family Law Attorney in San Diego

If you need help protecting your child in San Diego, Mattis Law, A.P.C., is ready to step in. We provide strategic, compassionate legal representation for parents dealing with high-risk custody challenges.

Call (858) 328-4400 to schedule your free consultation today with our family law attorney. When your child’s safety is at stake, we act fast and fight hard.