“When Can I Ask For Emergency Custody Orders?”

Generally, emergency orders are reserved for situations that are considered dangerous to the child or children of a relationship, which usually means physical harm or danger, or one party removing the child out of the jurisdiction of the court (such as taking the child out of state or the country against court orders or without permission of the other parent). Emotional danger can also be considered, but this must be pretty serious or it will not rise to the level of an emergency.

Common cases that are emergency situations are:
1. Arrest of one parent on criminal charges
2. Serious alcohol use or arrest for DUI
3. Injury or abuse of a child
4. Serious neglect
5. Unsafe living conditions
6. Care or contact of the child by someone with abuse convictions or a sex offense history with minors
7. Serious conflict with the child necessitating limitation of contact (usually physical)
8. Any other circumstance that would lead the judge to conclude that emergency orders are necessary.

It is important to note that financial issues are almost NEVER an emergency, and neither are parenting issues such as bad grades, conflict in how to discipline, or a schedule that is simply not working for the child.

In some cases, an order shortening time may be available—this is where the situation is not an emergency, but needs to be addressed sooner than the normal 45 day period (on average) from filing a request for orders and the judge hearing the matter.

If the matter is truly an emergency, the court can issue orders in a short period of time, usually several days.
It is also important to note that if you are in danger from the other parent, you need to report this to law enforcement and file for a Domestic Violence Restraining Order.

An attorney can assist you in determining which category of filing your circumstances fit into.

For a discussion of orders shortening time, click here: http://swansonodell.sitesdev.net/2016/06/29/what-is-an-order-shortening-time-in-a-family-law-case/

DISCLAIMER: All legal principles quoted are valid as of the date of writing in the State of California. However, you should NEVER base your actions on a legal article, blog, or internet story, as facts in real life are complicated. You should have your case evaluated by an attorney experienced in the area of law needed for your case. In addition, there are often exceptions and potential changes to results that occur due to facts that you may think are trivial or unimportant. This article should not be taken in any way as legal advice on your specific legal matter.

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