How do I get an emergency order of custody?

In California, an emergency order of custody may be requested when there is an urgent situation that must be immediately addressed. To get an emergency order of custody, you must file a petition in the county where the child resides. You must also provide proof of a true emergency. The court can then grant an emergency order when it finds that immediate action is necessary to protect the child from serious harm or potential abuse. In addition to providing proof of a true emergency, the petitioner must demonstrate that a normal court process would take too long to prevent the harm or abuse. The court must also be convinced that the petitioner is the legal guardian of the child or has a pre-existing court order. In order to grant the emergency order of custody, the court must determine that the petitioner has the right to custody, that it is in the best interests of the child, and that it is necessary to protect the child from immediate harm. The court may also issue urgent temporary orders to protect the child, such as a restraining order or an order that the other parent is not allowed to enter the residence of the child. Once an emergency order of custody is issued, the court will set a hearing date to determine if a permanent custody order should be issued. At this hearing, both parties will have the opportunity to present their case to the court. The court will then decide if the emergency order of custody should be made into a permanent custody order.

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How do I get an emergency order of custody?

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