Emergency Motion To Return Child For Visitation In Santa Clara
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FAQ
In California, parents have the right to petition for an emergency custody hearing in family court under certain circumstances to protect their child from imminent harm. However, understanding what constitutes emergency custody can be complicated.
Common grounds for emergency custody or visitation orders include: Domestic violence. Child abuse or neglect. Substance abuse issues or other criminal activity. Physical or mental health conditions. Questionable individuals in the home.
The Ex Parte Application must show there is an emergency such that there will be irreparable harm or immediate danger if the order is not granted. An Ex Parte Application should only be filed when there is not enough time to hear a regularly noticed motion (16 court days minimum).
A: In California, children are able to express their preference regarding custody and visitation at any age as long as they are mature enough to demonstrate intelligent reasoning on the subject. However, they cannot make the final decision regarding where they live until they turn 18 years old and are a legal adult.
Disrespectful Language : Avoid using any form of disrespect, such as insults, sarcasm, or derogatory remarks about the judge, the opposing party, or even the legal system. Negative Comments About the Other Parent : Speaking poorly about the other parent can reflect badly on you. Emotional Outbursts
The emergency petition for custody must include a signed affidavit that states the child is in imminent danger of harm and should include documents or evidence that support the claim. The more thorough and solid the evidence, the more likely the judge will be to grant the emergency motion.
Write professionally, but in your own voice — don't try to sound like a lawyer. Be specific. Don't ramble or repeat yourself, and don't include irrelevant information. Don't lie or make assumptions not supported by facts and evidence — include only information that you have personal knowledge of.
Wait for the Hearing: If the emergency custody was denied, it means the court likely found that the situation did not rise to the level of an emergency. You should prepare for the regular custody hearing, where you will have the opportunity to present evidence and arguments supporting your position for custody.
What is the New Child Custody Law in Utah? Utah's new child custody law, which went into effect on , is called the "Equal Parent-Time Schedule." This law allows parents to share equal physical custody of their children unless there is a reason why this would not be in the children's best interests.
