How to File for Emergency Custody in San Diego
When a child is in immediate danger or at serious risk, waiting weeks or months for a standard court hearing simply isn’t an option.
In California, parents or guardians can seek emergency relief through the court by filing for what’s known as an emergency custody order or ex parte custody. These orders are designed to provide temporary but swift protection for children in urgent situations.
If you’re considering filing for emergency custody in San Diego, understanding the legal process and having the right legal support can make all the difference.
At Mattis Law, A.P.C., we’re committed to helping families navigate urgent custody issues with empathy and efficiency. Here’s everything you need to know to protect your child and take immediate legal action.
What Is an Emergency Custody Order?
Emergency custody orders, also referred to as ex parte custody orders in California, are temporary court orders issued quickly and without the usual notice period to the other party. They are granted only when there’s strong evidence that a child is facing immediate danger or harm.
More specifically, these orders may be granted when:
- A parent or guardian is engaging in physical, emotional, or sexual abuse
- The child is being neglected or placed in unsafe living conditions
- There is evidence of substance abuse or criminal activity in the child’s environment
- The child has been abducted or is at risk of being removed from California
- The custodial parent has been hospitalized or is otherwise unavailable to care for the child
Emergency orders are not granted lightly. The petitioner must provide convincing evidence that urgent court intervention is justified.
A Step-by-Step Guide to Filing for Emergency Custody
Filing for emergency custody in California follows a specific legal procedure. Here are the steps involved:
1. Consult with a San Diego Family Law Attorney
Before doing anything else, consult with a qualified family law attorney in San Diego. Filing without a valid basis can backfire and may damage your position in ongoing custody proceedings.
At Mattis Law, A.P.C., we carefully evaluate your situation to determine if it meets the court’s standards for emergency custody orders in San Diego.
2. Gather Supporting Evidence
The court requires more than just accusations. Be prepared to submit documentation such as:
- Police reports or restraining orders
- Text messages, voicemails, or emails that show threats or danger
- Medical or school records showing injury or trauma
- Photos or video evidence of unsafe conditions
- Witness declarations (e.g., from teachers, neighbors, or doctors)
3. Complete the Required Forms
Your attorney will help you complete several forms, including:
- FL-300 (Request for Order): This form asks the court to make a custody ruling.
- FL-305 (Temporary Emergency Orders): Details the type of temporary custody order you’re seeking and the urgency.
- MC-030 (Declaration): Used to outline and support your emergency claims.
These forms must be completed thoroughly and truthfully. Errors or omissions can result in denial.
4. File the Paperwork and Request a Hearing
You will file the forms with the San Diego Family Court, typically at the Central Courthouse. Your attorney will then request an ex parte hearing, which is usually scheduled within 24 to 48 hours. The judge will decide whether to grant a temporary custody order in California without requiring the other parent’s presence.
5. Attend the Ex Parte Hearing
At the hearing, your attorney will present your evidence and make the case for immediate custody modification. The other parent may not be notified beforehand, but they will be informed afterward. If the court finds the danger credible, it may grant temporary custody or limit the other parent’s access until a full hearing is held.
6. Prepare for a Follow-Up Hearing
An emergency order is only temporary. The court will schedule a follow-up hearing (usually within 20–25 days) to give both parents an opportunity to present their sides. That’s why it’s crucial to have a legal team ready to represent your child’s best interests at this hearing.
What Happens After a Temporary Custody Order Is Issued?
If the court grants an emergency order, it goes into effect immediately. This could mean:
- You are awarded temporary physical and/or legal custody
- The other parent is barred from seeing the child
- Supervised visitation is required
The next steps depend on the outcome of the full custody hearing. Emergency orders do not automatically become permanent. However, they can influence the court’s long-term custody decision if the danger is substantiated.
When Should You Seek an Urgent Custody Hearing?
You should seek an urgent custody hearing if:
- Your child is in imminent danger of harm
- The other parent threatens to remove the child from school or the state
- There’s been a recent incident involving domestic violence, abuse, or arrest
- The custodial parent is missing or unable to provide care
A strong legal strategy combined with timely, compelling evidence is essential. At Mattis Law, A.P.C., we help clients act quickly while preserving their credibility and rights in family court.
Talk to an Experienced Family Law Attorney Today
When your child’s well-being is at stake, time is of the essence when it comes to changing your custody order. Whether you’re a parent, grandparent, or legal guardian, Mattis Law, A.P.C., can help you navigate the system and protect your child.
Lead attorney Amelia Mattis has been recognized as one of San Diego’s Rising Stars by Super Lawyers and was also selected as a Top 10 Family Law Attorney by Attorney and Practice Magazine.
Call (858) 328-4400 to request a confidential consultation with our San Diego child custody attorney.