What Counts as an Emergency in San Diego Child Custody Cases?
Child custody issues are often emotionally charged, but not every conflict qualifies as a legal emergency. If you believe your child is in immediate danger or at risk of being removed from the state without permission, you may need to act quickly. But it’s important to remember that in California, emergency child custody orders are only granted in certain urgent situations.
Amelia Mattis is a marriage and family law attorney who focuses on custody issues in San Diego. She has been named as a Top 10 Family Law Attorneys in California by the American Institute of Family Law Attorneys. At Mattis Law, A.P.C., we’ve helped countless parents in managing complicated custody disputes, including family court emergency petitions.
There are several specific situations that constitute an emergency in California child custody law. In these situations you may have the option to file for an emergency order to protect your rights and your child.
What Is an Emergency Child Custody Order?
An emergency child custody order is a temporary, fast-tracked court order issued to protect a child from immediate harm or prevent wrongful removal. These orders are designed to respond to serious and time-sensitive concerns. They are not meant to resolve general disagreements.
California family courts take emergency orders seriously. Judges only grant them when there’s clear evidence that the child is facing immediate risk to their physical or emotional health, or that a parent is about to take unlawful action, such as moving the child out of state without consent.
What Situations Qualify as a Family Court Emergency?
Risk of Abduction
If a parent has made credible threats or has a history of attempting to flee with the child, this can qualify as an emergency.
Domestic Violence
If the child has witnessed or been exposed to domestic violence, or if the custodial parent has been abused and the child is at risk, an emergency order may be granted to remove the child from the dangerous environment.
Substance Abuse or Impairment
If a parent is using drugs or alcohol to the point that the child is unsafe in their care, such as being left alone, neglected, or placed in dangerous situations, this may be grounds for emergency relief.
Neglect or Abuse
Signs of physical abuse (e.g., bruises, injuries, burns), emotional abuse, or severe neglect (e.g., lack of food, hygiene, or medical care) can warrant immediate court intervention.
Mental Health Crisis
If a parent is suffering a mental health crisis that impacts their ability to care for the child or puts the child at risk of harm, this may justify emergency action, especially if there are threats of self-harm or harm to others.
Violation of Custody Orders with Risk to the Child
If the other parent is willfully violating a custody order and their actions put the child at risk, this may rise to the level of an emergency. Examples could include refusing to return the child after visitation or showing up intoxicated during an exchange.
Issues That DON’T Qualify as an Emergency
California judges are cautious about misusing emergency procedures for routine custody disputes. The following concerns are generally not considered emergencies unless accompanied by evidence of immediate harm:
- A parent is late or inconsistent with visitation
- You don’t like the other parent’s new partner
- The child prefers to live with you
- Parenting styles differ (bedtimes, food choices, screen time)
- One parent is “bad-mouthing” the other
If your situation does not meet the legal threshold for emergency relief, you may still be able to file a Request for Order (RFO) to modify custody, but the process will take longer.
How to File for Emergency Child Custody in San Diego
To request an emergency child custody order, you must file specific legal forms and provide sworn declarations explaining the situation. This is known as an ex parte application, a motion that may be heard with short notice and, in some cases, without the other parent present.
The key steps include:
- Prepare Your Documents
You’ll need to file:- FL-300: Request for Order (with custody/visitation boxes checked)
- FL-305: Temporary Emergency Orders (where you outline what you want the court to order temporarily)
- Declaration: A signed statement detailing the emergency, with specific facts, dates, and supporting evidence.
- File With the Court and Request a Hearing
In San Diego, emergency requests are submitted to the Family Law Clerk’s Office and reviewed by a judicial officer. If accepted, a hearing may be scheduled within 24–72 hours. - Notify the Other Parent
Even though emergency orders can be issued without full notice, you are still generally required to give the other party notice of your intent to file, unless doing so would place the child or yourself in danger. - Attend the Hearing
You’ll need to present your case clearly and respectfully. Bring all supporting evidence, such as police reports, medical records, text messages, photos, witness declarations, or CPS reports.
What Happens If the Court Grants Your Request?
If your family court emergency request is granted, the judge will issue temporary custody or visitation orders designed to immediately protect the child. This may include:
- Temporarily suspending or limiting the other parent’s time
- Granting sole legal or physical custody
- Requiring supervised visitation
- Preventing out-of-state travel
- Issuing a protective order (also known as a restraining order)
These orders typically last until a full hearing is scheduled, which is usually within 20 to 25 days. Then both parties can present their evidence and arguments.
What If the Request Is Denied?
If your emergency request is denied, the court may schedule a regular custody hearing through the Request for Order (RFO) process. You can still pursue changes to your parenting plan, but you’ll need to go through the standard timelines and procedures.
How We Can Help
At Mattis Law, A.P.C., we understand how terrifying these situations can be. Our role is to:
- Assess whether your case meets the legal standard for emergency relief
- Draft persuasive and legally sound declarations
- Organize and present your evidence clearly
- File documents quickly to meet court deadlines
- Prepare you for your hearing
- Advocate for long-term solutions after the emergency is addressed
Talk to an Experience San Diego Custody Attorney Today
If you believe your child is in immediate danger or facing an urgent custody situation, there’s no time to waste. Call (858) 328-4400 right away.
At Mattis Law, A.P.C., we assist clients with cases involving emergency orders, custody disputes, and long-term parenting solutions. We’re here to help protect your child and advocate for your family.