In a few unfortunate situations, a divorce might become dangerous. If one spouse has a tendency toward violence, the other may be concerned for the safety and well-being of any children they share if he or she files for divorce. For cases like this, it becomes necessary to ensure the nonviolent parent be given custody of the children until the divorce finalizes. Asking the court for emergency custody would be your priority if you find yourself in this situation.
People who fear for the lives of their children, or for their own lives, are more inclined to make mistakes. If you’re filing for divorce and you plan on taking the children somewhere safe, it’s vital to contact an experienced divorce attorney to help you. You can’t decide on your own to have full custody of the child without the court’s consent. Too many parents make this mistake by taking matters into their own hands and can often be charged with kidnapping or violating custody orders.
An attorney can help you file for emergency custody, however. California has laws that protect children who are in trouble. If your child faces threats, serious harm, abuse, or abandonment, you can file a petition for an emergency, temporary change in custody.
If you are accusing your spouse of potential abuse, you must be ready to defend your assertion that he or she is dangerous. This defense will rely on evidence such as police reports, records of relevant prior convictions, records from Child Protective Services, records of any prior protection orders, medical/ dental records, and records from the child’s psychologist (if you have these).
Failing to support your allegation that your spouse is dangerous will restrict the court’s ability to rule in favor of emergency custody. Likewise, the children must be present within the state for the court to authorize an emergency custody order change. The court will also conduct a full, formal hearing before issuing the order.
If you think you might be in need of an emergency custody order, don’t hesitate to call us. Our skilled Orange County child custody attorney can help. Alternative Divorce Solutions is a divorce mediation firm dedicated to helping families in the Southern California area achieve a respectful and manageable way to divorce. We understand this may be a stressful struggle for you and your family. Let us help you work out your disagreements through mediation, a more affordable way to achieve child custody decisions.
Contact us at (949) 558-2624 or fill out our online form to schedule a free case consultation today.