The safety of your children is of the utmost importance, and any threat to their safety requires swift action. But you also must follow the proper legal procedures.
Unfortunately, all too often parents make the fatal mistake of taking on their children’s safety alone. In the end, they suffer harsh consequences for simply wanting to protect their children. Accusations such as kidnapping or custody order violation carries immense repercussions. If you do not follow proper legal recourse, then you further risk the safety of your children.
If you fear for the physical safety of your children, a Fresno family law attorney at the Law Offices of Rick D. Banks can help. Contact us today to learn more about how to obtain an emergency temporary custody order in California.
What Is an Emergency Temporary Custody Order?
An emergency temporary custody order is geared towards one thing: protecting children in danger. Danger can come in the form of abuse, threats, abandonment, or serious bodily harm. If you believe your child is in danger, an emergency custody order in California will temporarily grant you custody so that you can get your child to safety.
However, remember that this order is only temporary. It does not grant you permanent custody of your child.
When Do You Need an Emergency Custody Order?
Divorce is a very stressful process. Sometimes, that stress results in one parent lashing out at the other parent. When this happens, children are often caught up in the aggression. For instance, in order to get back at the other parent, one parent may impose an unreasonable punishment upon the child. Furthermore, one parent’s aggression may even lead to full on abuse towards the child, whether physical or mental.
Whenever one parent’s actions negatively affects the safety, health or overall well-being of a child, then the court can step in and order emergency custody.
Why Do You Need an Emergency Custody Order?
Without it, you allow the other parent to make a case against you. While you may be acting solely in the name of protecting your child, without the order, the court cannot legally acknowledge your actions. Many parents have made the foolish mistake of taking their child away from the family home, only to have the other parent levy accusations of kidnapping. If you want to fully protect your children, an emergency custody order in California is a necessity.
Obtaining an Emergency Temporary Custody Order in California
California law limits who can petition for an emergency custody order. Typically, only a parent may petition the court.
In order to successfully receive an emergency custody order you must provide evidence that shows the immediate harm your child faces. Write down any threats your child receives, collect documents and emails, and prepare to explain your case to the court. Here is a list of evidence the court recognizes:
- Police reports and arrest records of your spouse
- Records of your spouse’s prior convictions that demonstrates their capacity to inflict harm
- Child Protective Service records
- Any previous protective orders
- Your child’s medical or dental records
- If applicable, your child’s psychologist’s records
You must back up your claims of danger with proper evidence. If you cannot prove your child is immediate danger, then the court cannot rule in your favor. Do not risk restricting the court’s authority. Having an experienced family law attorney on your side can help ensure you have the right evidence backing up your claims.
You can also use any evidence you obtain for an emergency custody order for when you attempt to seek full custody.
Protect the Safety of Your Child With the Help of a Fresno Family Law Attorney
If your child’s safety is in danger, get the legal help you need. At the Law Offices of Rick D. Banks, we understand the importance of your child’s safety. To learn more about how to obtain an emergency temporary custody order in California, contact us today.