Understanding Emergency Custody in San Diego: When and How to File
When your child’s safety is at risk, waiting for a court hearing isn’t an option. That’s why California law provides a mechanism for parents to request emergency custody when a child is in immediate danger.
If you believe your child is in danger due to domestic violence, substance abuse, neglect, or another serious threat, it’s essential to understand how the San Diego family court process works, how to file an emergency custody motion, and what the court looks for under California Family Code Section 3064.
At Mattis Law, A.P.C., we help concerned parents navigate urgent custody disputes with clarity, compassion, and speed. Below, we walk you through what you need to know.
What Is Emergency Custody in California?
Emergency custody (sometimes called “ex parte” or “temporary emergency orders”) allows a parent to obtain immediate, short-term custody of a child without notifying the other parent in advance.
This type of custody is only granted in serious, time-sensitive situations, such as:
- Physical abuse or sexual abuse
- Serious neglect or abandonment
- Threats of kidnapping or removing the child from the state
- Exposure to dangerous individuals or unsafe environments
- Substance abuse or mental health crises that impair parenting
If you believe your child is in danger right now, you may be eligible to file an ex parte custody motion to request immediate intervention from the court.
California Family Code Section 3064
Emergency custody orders are governed by California Family Code § 3064, which states:
“The court may issue an ex parte order granting or modifying a custody order on a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California.”
In other words, emergency custody is available only when the child faces immediate harm or a credible risk of being taken out of California without permission. The court will require evidence that the threat is serious.
What Counts as Immediate Danger in Child Custody?
The term immediate danger can include several types of circumstances, but the situation must rise to the level of present and ongoing risk. Some examples the courts consider to be immediate harm include:
- Physical injury caused by a parent or caregiver
- Sexual abuse or credible threats of abuse
- Substance abuse that creates an unsafe environment for the child (e.g., a parent driving under the influence with the child in the car)
- Domestic violence, especially when the child has witnessed abuse
- Mental illness or instability that renders the parent unable to care for the child safely
The San Diego Family Court Process for Emergency Custody
Filing for emergency custody in San Diego involves several specific steps.
1. Complete the Required Forms
You must prepare the following documents:
- Request for Order (FL-300): Identifies your requested custody and visitation orders.
- Declaration Regarding Notice and Service (FL-303): Explains how (or if) you notified the other parent.
- Temporary Emergency (Ex Parte) Orders (FL-305): Details your request for immediate custody.
- Declaration: A narrative statement describing why emergency custody is necessary, including facts, evidence, and dates.
2. File Your Forms With the San Diego Family Court
You can file these forms in person at the Family Law Courthouse in downtown San Diego or electronically via the court’s online filing system. A judge typically reviews ex parte requests within 24 to 48 hours.
3. Give Notice to the Other Party (if required)
Unless giving notice would place you or the child in danger, California law generally requires you to inform the other parent by 10:00 a.m. the day before the hearing. If notice is not possible, you must explain why in your FL-303 form.
4. Attend the Hearing
In most cases, the judge will rule on your emergency request without a full hearing unless more information is needed. If granted, the temporary custody order will go into effect immediately.
5. Attend a Follow-Up Hearing
Emergency orders usually last only a few weeks until a full hearing can be scheduled in which both parents present evidence and testimony. At this hearing, the judge will decide whether to make the custody order permanent or modify it.
What Evidence Is Required?
Courts take emergency custody seriously—and so should you. To be successful, you’ll need strong, credible evidence that your child is at risk, such as:
- Police reports
- Medical records or ER visits
- Photographs of injuries
- Text messages, emails, or voicemails with threats
- Witness statements or affidavits
- Child Protective Services reports
Your declaration must be detailed and specific, explaining exactly what happened, when it happened, and why it placed your child in immediate danger. Vague statements like “he’s not a good dad” or “she’s acting unstable” are unlikely to succeed.
Can You Request Emergency Custody Without a Lawyer?
Technically, yes. But emergency custody is one of the most delicate and high-stakes actions in family law. Any mistakes or incomplete forms could delay your case. Even worse, it could lead the court to deny your request.
An experienced San Diego child custody lawyer knows how to:
- Evaluate whether your situation meets the legal standard
- Help you file forms accurately and completely
- Guide you through the San Diego family court process
- Communicate with the court and the opposing party
- Represent you in the follow-up hearing
What Happens After Emergency Custody Is Granted?
If the judge grants temporary custody in California, you will:
- Receive a written order confirming your custodial rights
- Have the authority to make decisions regarding your child’s safety and daily care
- Be scheduled for a follow-up hearing to determine long-term custody
The other parent still has the right to respond, provide their own evidence, and request a custody modification. This is why preparing for the next stage of the case is just as important as the emergency request itself.
Reasons to Choose Mattis Law, A.P.C.?
At Mattis Law, A.P.C., we have extensive experience handling urgent custody disputes, including emergency custody in San Diego. Amelia Mattis understands how frightening it is to believe your child may be in danger and how it’s just as important to take fast, legally sound action.
As a family-centered firm, we take pride in our:
- Compassionate, judgment-free client care
- Fast response times and flexible communication
- In-depth knowledge of California Family Code Section 3064
- Successful track record in ex parte custody matters
Speak With a Trusted Family Law Attorney in San Diego
If your child is in immediate danger and you need emergency custody in San Diego, don’t wait. The decisions you make in the next 24–48 hours could shape your family’s future. Call Mattis Law, A.P.C., at (858) 328-4400 to learn more today.