Family Code Section 3064 requires the requesting party to demonstrate “immediate harm to the child.” According to Section 3064, immediate harm includes recent acts of domestic violence or sexual abuse. Other grounds are not precluded, but any request must be supported by a statement of facts which prove an immediate risk of harm to the child. For example, the court would need to see that a parent has been caring for or transporting a child while impaired by alcohol or drugs. It also helps to know the custom and habit of the judge you go before in court as judges vary on what they require before granting emergency custody orders.
Need help with adoption, annulment, collaborative divorce, community property, child custody, child support, divorce, domestic violence, legal separation, litigation, mediation, legal separation, paternity, spousal support, pre-marital and post-marital agreements? Family Law questions go beyond the limits defined in this blog. For more information, call or e-mail the Law Offices of Richard E. Bawden, State Certified Family Law Specialist. The Law Office of Richard E. Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa, Beaumont, Banning and Hemet.