California Child Custody Emergency Change in Circumstances
California law allows judges to modify child custody when there is a change in circumstances. In some situations, the court may schedule an emergency hearing if the child’s well-being or safety is at risk. If you need an emergency hearing or are facing a change in child custody, it is important to understand the process and your options to protect your parental rights.
What Is an Emergency Child Custody Hearing in Los Angeles, CA?
The courts schedule emergency hearings when a judge needs to make an immediate decision about a child custody matter. The parent requesting an emergency hearing files a petition with the court explaining why they need to be heard immediately. The petition should contain sufficient information to convince a judge that the child could sustain harm if the court does not act immediately.
If the judge believes an emergency hearing is justified, the court schedules the hearing. Most emergency hearings are ex parte hearings. The other parent is not notified of the hearing.
At the hearing, the judge reviews the evidence presented. If you prove the requirements for an emergency change in child custody, the judge issues an order. A full hearing is scheduled. The other parent receives notice of the hearing. They can appear at the hearing to argue against a permanent modification of child custody.
What Is a Change in Circumstances for an Emergency Child Custody Hearing?
The change in circumstances must place the child in imminent danger to justify scheduling an emergency hearing. Courts only modify custody if the following is true:
- The change in custody is in the child’s best interest, and,
- The parent requesting the change proves a significant change in circumstances.
Examples of changes in circumstance that could result in an emergency child custody hearing include:
- The custodial parent is judged mentally ill
- A child is being neglected, resulting in a risk to their safety, health, or well-being
- The child is being abused
- A parent intends to flee with the child (i.e., parental kidnapping)
- A third party is harming the child or intends to harm the child, and the custodial parent cannot or will not intervene
- The custodial parent is using drugs or abusing alcohol, putting the child at risk
- A parent is failing to fulfill their custodial obligations, resulting in harm to the child, such as failing to take the child to school, ignoring required medical treatment, etc.
- The living conditions are dangerous for the child
The key to obtaining a change in child custody is to convince the judge that the current circumstances could not be reasonably foreseen when the current order was issued.
A Los Angeles child custody lawyer can help you develop a compelling argument to modify custody based on the facts of the case. Lawyers collect evidence to present to the court, including witness statements, police reports, and photographs. Evidence may also include medical records, text messages, and expert testimony.
What Factors Do Judges Consider When Evaluating Emergency Motions To Change Child Custody?
Judges must determine if changing child custody is in the child’s best interest. Factors courts consider for a California emergency modification of child custody include:
- The bond between each parent and the child
- How the change in custody would benefit the child’s well-being
- Whether the change in circumstances poses a threat to the child
- The environment the child would be living in after a change in custody
- Whether modifying custody provides stability for the child
- The conduct of the parents and other parties involved in the case
- The child is being subjected to domestic violence in their home
- A parent abandons their child, including leaving the child unsupervised without the proper care
- The child’s reasonable preferences for custody
- Whether a parent’s emotional, cognitive, or physical health prevents them from caring for the child
Judges may consider any factor relevant to determining the child’s best interest regarding a change in child custody. If changing child custody impacts support obligations, the judge may modify child custody as part of the new custody order.
Speak With a Los Angeles Child Custody Lawyer For Help
Do you believe your child is in imminent danger of harm? Acting quickly could be crucial to protect their safety. California courts take emergency custody matters seriously, but judges require clear, compelling evidence before intervening. An experienced Los Angeles child custody lawyer can help you prepare the strongest possible case by gathering evidence, filing the correct legal documents, and representing you at hearings.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
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Beverly Hills, CA 90212
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