Emergency custody orders are temporary and typically last until a full custody hearing is scheduled. At this hearing, both parents present more extensive evidence, and the judge makes a long-term decision regarding custody.
You must serve a copy of all the papers on the other party, along with a blank Responsive Declaration to Request for Order (JC Form # FL-320)PDF and a blank Income and Expense Declaration (JC Form # FL-150)PDF (FINANCIAL ISSUES ONLY). The other party must be served by someone other than you.
The Move-Away Legal Process in San Diego The first step in requesting a move-away order is to file a petition with a San Diego family court. The judge will schedule an initial hearing date a few months after you file your request.
You must serve a copy of all the papers on the other party, along with a blank Responsive Declaration to Request for Order (JC Form # FL-320)PDF and a blank Income and Expense Declaration (JC Form # FL-150)PDF (FINANCIAL ISSUES ONLY). The other party must be served by someone other than you.
Personal Service: Most RFO forms and other documents must be personally served on opposing party by a person not related to the case and who is at least eighteen (18) years old. Personal service is not usually required for service of discovery requests and/or discovery responses or in ex parte emergency hearing cases.
To address the immediate needs of the children involved, a motion for temporary custody is filed to establish a temporary arrangement until a final custody agreement is reached.