Emergency Custody Attorney

What Is an Emergency Custody Order?

An emergency custody order (also called an ex parte order or emergency protective order) is a temporary court order issued without the other parent present. California courts grant these orders when a child faces immediate physical or emotional harm that cannot wait for a standard hearing.

Emergency custody orders are not granted simply because parents disagree about custody. Courts require evidence of actual, immediate danger to the child — not merely a difficult co-parenting situation.

Grounds for Emergency Custody in California

Sacramento Family Court will consider an emergency custody request when a child faces:

• Physical abuse by a parent or caregiver
• Sexual abuse or credible risk of sexual abuse
• A parent actively attempting to remove the child from California without court permission
• Severe neglect placing the child's health or safety at risk
• A parent under the influence of drugs or alcohol while responsible for the child
• Domestic violence in the home that places the child at risk
• Substance abuse that impairs a parent's ability to provide safe care

The Emergency Custody Process in Sacramento

An emergency custody motion is filed directly with the court, often on the same day the danger is discovered. The judge reviews the papers without the other parent present (hence "ex parte") and either grants or denies the temporary order. If granted, a hearing is typically scheduled within days to weeks, at which both parents can present their positions.

The temporary order is replaced at the hearing by either a permanent modification of custody or a return to the prior arrangement — depending on what the evidence shows.

What to Bring to an Emergency Consultation

When you contact ROC Family Law about an emergency custody situation, it helps to have as much documentation as possible — photographs, medical records, police reports, text messages, witness information, or any other evidence of the danger your child faces. Attorney Sarkovich will review your situation and advise you honestly about whether an emergency filing is appropriate and likely to succeed.