How to File for Temporary Custody in California
Read the local rules., Get the forms., Read the instructions., Fill out the forms., Get assistance., Locate the courthouse., File the forms., Pick up the order., Serve notice on the other parent., Prepare to argue your case., Gather any evidence to...
Step-by-Step Guide
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Step 1: Read the local rules.
Each court in California has its own rules for filing and arguing motions.
You need to read up on the rules and then follow them.Because you will file the motion in the county where your child currently lives, you must first locate that court.
To find the court for a particular county, visit this website.
You may search by zip code.
Look for local rules.
There should be a link for “Rules” on the welcome page.
The rules may be lengthy, so search inside the document using CTRL+ F for “temporary custody” or “emergency hearing.” -
Step 2: Get the forms.
You can get the forms from either the superior court in the county where your child lives or use the internet to find them.
Generally, you will need the following forms:
Request for Order, Form FL-300 Temporary Emergency Court Orders, Form FL-305 Declaration, MC-030 , There is a helpful “Information Sheet” that guides you step-by-step through the process of filling out the Request for Order.
It is available here. , You will need to fill out these forms completely and accurately.
If you download the form, you can type your text into the blue fields.
Otherwise, use black or blue ink to neatly fill in the forms.
To complete the Request for Order, follow the instructions on the “Information Sheet.” Remember to check the box in front of “Court Order” on page
1.
This will allow the order to go into effect before the hearing.
To complete the Temporary Emergency Court Orders, check box #3 “Minor Children” and then check “a.” as “Petitioner.” You are the petitioner seeking temporary custody.
Then check “Respondent” under “b.” and state whether you want to prohibit the other parent (who is the “respondent”) from removing the child from the state or county.
In the Declaration, you will explain why you need emergency temporary custody.
The governing standard is that a temporary custody order will not be granted unless the child is in immediate danger of being removed from the state or the child faces “immediate harm.”“Immediate harm” is not defined, but it includes recent or habitual domestic violence or sexual abuse., You may seek help with filling out your forms from a self-help center or the family law facilitator at the courthouse.
You should call or stop in and ask if anyone is available.
The family law facilitator office has experienced attorneys, paralegals, and clerks who can assist you, provided you do not have an attorney of record.Walk-in assistance is provided on a first-come, first-served basis.
Contact the nearest courthouse for questions about meeting with a facilitator. , You must file the forms in the superior court for the county where your child currently lives.
To locate the courthouse, you may use this locator. , Gather your forms and attach any written custody agreement you may have with the other parent.Then take these documents to the court clerk and state that you wish to file them.
Be prepared to pay fees.
The fees often vary.
If you cannot afford the fee, ask for a fee waiver.
Ask the clerk when you should return to pick up the Order.
The judge will have to review any order before granting it., If the court schedules a special hearing, then this information will be on the order that you pick up.The order will be time-stamped as well.
You must make copies and serve a copy on the other parent.
Always keep 2 copies for your own records. , You must notify the other parent of the hearing that ultimately will be held.
You must serve notice by person (not by mail).You must get someone at least 18 years of age to deliver for you.
You cannot do it yourself.After delivery, have that person fill out a Proof of Personal Service form, available here.
An instruction handout is available.
You must get the completed form from the person who served notice and then file the Proof of Personal Service form with the court 5 court days before the hearing date.Be sure to keep a copy for your records. , In order to get temporary custody, you must explain to the court how the child faces "immediate harm." Take out your declaration and review what you wrote.
The court will expect that you support the allegations in your declaration with evidence at the hearing. , If you have emails, letters, telephone messages, or video that you believe supports your case that your child is in immediate danger, then bring those to the hearing.Judges are unlikely to grant orders unless there is sufficient evidence of abuse.Use medical records or statements made by your child to support your argument. , In a calm, clear voice present the evidence to the judge and answer any questions the judge has.
When you want to show the judge a document, state that you would like to admit the document into evidence.
You should mark your documents “Exh.
A, B, C” or “Exh. 1, 2,
3.” The judge will likely give a temporary order at the close of the hearing.This temporary order will be in effect until the final order is issued. -
Step 3: Read the instructions.
-
Step 4: Fill out the forms.
-
Step 5: Get assistance.
-
Step 6: Locate the courthouse.
-
Step 7: File the forms.
-
Step 8: Pick up the order.
-
Step 9: Serve notice on the other parent.
-
Step 10: Prepare to argue your case.
-
Step 11: Gather any evidence to use.
-
Step 12: Argue your case.
Detailed Guide
Each court in California has its own rules for filing and arguing motions.
You need to read up on the rules and then follow them.Because you will file the motion in the county where your child currently lives, you must first locate that court.
To find the court for a particular county, visit this website.
You may search by zip code.
Look for local rules.
There should be a link for “Rules” on the welcome page.
The rules may be lengthy, so search inside the document using CTRL+ F for “temporary custody” or “emergency hearing.”
You can get the forms from either the superior court in the county where your child lives or use the internet to find them.
Generally, you will need the following forms:
Request for Order, Form FL-300 Temporary Emergency Court Orders, Form FL-305 Declaration, MC-030 , There is a helpful “Information Sheet” that guides you step-by-step through the process of filling out the Request for Order.
It is available here. , You will need to fill out these forms completely and accurately.
If you download the form, you can type your text into the blue fields.
Otherwise, use black or blue ink to neatly fill in the forms.
To complete the Request for Order, follow the instructions on the “Information Sheet.” Remember to check the box in front of “Court Order” on page
1.
This will allow the order to go into effect before the hearing.
To complete the Temporary Emergency Court Orders, check box #3 “Minor Children” and then check “a.” as “Petitioner.” You are the petitioner seeking temporary custody.
Then check “Respondent” under “b.” and state whether you want to prohibit the other parent (who is the “respondent”) from removing the child from the state or county.
In the Declaration, you will explain why you need emergency temporary custody.
The governing standard is that a temporary custody order will not be granted unless the child is in immediate danger of being removed from the state or the child faces “immediate harm.”“Immediate harm” is not defined, but it includes recent or habitual domestic violence or sexual abuse., You may seek help with filling out your forms from a self-help center or the family law facilitator at the courthouse.
You should call or stop in and ask if anyone is available.
The family law facilitator office has experienced attorneys, paralegals, and clerks who can assist you, provided you do not have an attorney of record.Walk-in assistance is provided on a first-come, first-served basis.
Contact the nearest courthouse for questions about meeting with a facilitator. , You must file the forms in the superior court for the county where your child currently lives.
To locate the courthouse, you may use this locator. , Gather your forms and attach any written custody agreement you may have with the other parent.Then take these documents to the court clerk and state that you wish to file them.
Be prepared to pay fees.
The fees often vary.
If you cannot afford the fee, ask for a fee waiver.
Ask the clerk when you should return to pick up the Order.
The judge will have to review any order before granting it., If the court schedules a special hearing, then this information will be on the order that you pick up.The order will be time-stamped as well.
You must make copies and serve a copy on the other parent.
Always keep 2 copies for your own records. , You must notify the other parent of the hearing that ultimately will be held.
You must serve notice by person (not by mail).You must get someone at least 18 years of age to deliver for you.
You cannot do it yourself.After delivery, have that person fill out a Proof of Personal Service form, available here.
An instruction handout is available.
You must get the completed form from the person who served notice and then file the Proof of Personal Service form with the court 5 court days before the hearing date.Be sure to keep a copy for your records. , In order to get temporary custody, you must explain to the court how the child faces "immediate harm." Take out your declaration and review what you wrote.
The court will expect that you support the allegations in your declaration with evidence at the hearing. , If you have emails, letters, telephone messages, or video that you believe supports your case that your child is in immediate danger, then bring those to the hearing.Judges are unlikely to grant orders unless there is sufficient evidence of abuse.Use medical records or statements made by your child to support your argument. , In a calm, clear voice present the evidence to the judge and answer any questions the judge has.
When you want to show the judge a document, state that you would like to admit the document into evidence.
You should mark your documents “Exh.
A, B, C” or “Exh. 1, 2,
3.” The judge will likely give a temporary order at the close of the hearing.This temporary order will be in effect until the final order is issued.
About the Author
Edward Jones
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