There are some grave situations in which a concerned parent or family member may have the full right to petition a California court for an emergency hearings child custody that helps grant an order regarding custody or visitation with a troubling parent. One of the main reasons why parents will petition for an emergency child custody hearing is to get their results much faster than waiting for the next available date on a court’s typically long, convoluted docket.
These types of hearings are usually only reserved for legitimate emergencies, and having the support of an experienced child custody expert like Richard M. Renkin will always go a long way in having your emergency hearing respectfully recognized.
We understand just how troubling these types of situations are for concerned parents undergoing a troubling and sometimes dangerous divorce, so it’s crucial that you contact us immediately if you or a loved one is experiencing a situation in which an emergency child custody hearing is necessary.
Appropriate Circumstances that Allow for Emergency Hearings
There are varying state laws when it comes to the appropriate circumstances that give rise to emergency child custody hearings, and in California, the grounds for an emergency custody order are somewhat straightforward. For the most part, emergency hearings are typically only held when a child’s welfare or health are put in danger.
This includes circumstances like child neglect, child abuse, substance abuse in a child’s presence, and/or a sex offender’s presence in a home that can give rise to emergency hearings. Another common circumstance would be a parent facing a conviction for a violent or serious offense.
Any type of minor disputes regarding a parent’s visitation rights, or any other significant issues, won’t typically qualify for emergency hearings. However, there are some instances in which a parent’s complete refusal of visitation can be seen as grounds for emergency child support hearings.
If any person is deliberately obeying an already established court order, then the typical remedy for this would be to request that the parent be held in contempt of court.
Petitioning the Hearing
Properly filing your petition for an emergency child custody hearing is a crucial part of this complicated legal process, which is where an experienced divorce attorney with a stellar track record can come into assisting you in ensuring that your petition is heard by your local court and promptly and appropriately responded to.
It’s also important that you provide proper notice to the other parent when this type of petition is implemented.
Emergency Hearing Process
A judge will initially hear any preliminary evidence and typically only address the emergency issues in these types of child custody matters, and they’ll typically leave other issues for another date. A judge will ultimately grant or deny a petitioner’s relief by the end of this type of hearing, and typically a temporary order will be issued that provides custody to the petitioning parent due to the given circumstances pertaining to the family’s emergency.
Each jurisdiction is unique in terms of the process because some jurisdictions will have these emergency hearings held by a judicial officer and others will require that these hearing be administered by a judge.
Judges will only hear evidence that pertains to the specific emergency that originally necessitated the petition, and the petitioning parent will be required to provide a sufficient amount of evidence that proves their claims. The danger and overall wellbeing of the family’s children is typically the basis of this provided evidence, and this evidence can include the following:
- Witness testimony to specific events or behavior
- Police reports
- Medical records
- Child protective services reports
- And any other relevant information
It’s always a necessity to provide substantial evidence that indicates the presence of child abuse during this type of hearing, which is something we’ll undoubtedly be able to support you with.
It’s also important to know that the process of these hearings won’t always end at the end of the hearing, because judges will many times appoint a child psychologist or guardian ad litem to conduct an investigation of the family and the allegations.
There’s a good chance that a judge will issue a temporary child custody order that helps the concerned parent’s emergency relief petition, and this decision may be made immediately or it can take a few days to finalize.
There are situations in which the abusive parent will be ordered to attend anger management or parenting classes, and supervised visitation is also a compromising offer that a court will issue.
Resubmitting Evidence in a Full Trial
Temporary orders aren’t necessarily substantial evidence when a family undergoes a full trial pertaining to child custody, and temporary orders can potentially be changed or even terminated as a result of these trials.
You must always resubmit your evidence in these trials, and the abusive parent will have the opportunity to present evidence that the particular problems have since been resolved.
When it comes down to it, California courts will always place the best interests of the child as the top priority when determining custody and visitation. California will always consider awarding custody to an abusive parent as not in the child’s best interest, and we’ll be there for you every step of the way to ensure that your child’s best interests are legally upheld!
Request a Free Consultation with Divorce Attorney Richard M. Renkin
If you believe that an emergency child custody hearing is required within your family’s current circumstances, it’s crucial that you contact us for a free consultation online or call us at 619-299-7100 so we can put you in touch with Mr. Renkin and have your concerns heard.
When we have a thorough understanding of your situation, we’ll then be able to initiate the necessary steps towards properly petitioning and implementing your emergency hearing.