How to File for Emergency Custody in California (And When You Should)

D G
Apr 23
2 min read

If your child is in danger and you need immediate court intervention, California law allows you to request emergency custody orders—also called ex parte orders. These fast-tracked filings are critical when there's a serious risk to a child’s safety, and they’re available throughout the Inland Empire, including San Bernardino, Riverside, Redlands, Rancho Cucamonga, Fontana, Ontario, Moreno Valley, Corona, Chino Hills, Victorville, and surrounding areas.

What Is Emergency Custody?

Emergency custody orders under California Family Code §§ 3060–3064 provide immediate, short-term custody or visitation modifications when a child faces imminent harm. These orders are typically granted without a full hearing, pending further review by the court.

You may qualify for emergency custody if you can show:

Domestic violence in the home
Child abuse or neglect
Parental substance abuse or mental instability
Threat of abduction, concealment, or violation of existing orders

These cases are reviewed urgently—often within 24 to 48 hours of filing.

Where Do I File in the Inland Empire?

If you're filing in San Bernardino County, emergency custody requests must be submitted at the San Bernardino Family Law Courthouse, located at 351 North Arrowhead Avenue, San Bernardino, CA 92415.

For Riverside County, family law emergencies are handled at:

Riverside Family Law Courthouse: 4175 Main Street, Riverside, CA 92501
Menifee Justice Center: 27020 Encanto Drive, Menifee, CA 92585
Larson Justice Center (Indio): 46-200 Oasis Street, Indio, CA 92201

Each courthouse has its own local rules and cutoffs for ex parte filings, so be sure to check filing windows and calendar deadlines.

What Forms Do I Need?

To file for emergency custody, you’ll need:

FL-300: Request for Order
FL-305: Temporary Emergency Orders
A declaration describing the nature of the emergency and evidence supporting your claims

Additionally, under California Rules of Court Rule 5.151, you must generally provide notice to the other party by 10 a.m. the court day before the hearing—unless you can justify a waiver due to safety concerns.

What Happens After You File?

The judge may:

Grant temporary custody orders immediately
Set a formal hearing
Deny the request if it lacks legal or factual merit

Temporary orders typically remain in effect until a hearing is held—usually within 21 days.

Mistakes to Avoid

Common pitfalls include:

Submitting incomplete or inaccurate forms
Providing vague declarations
Failing to give required notice without a valid excuse

How We Can Help

At Gramling Law Group, we help parents across the Inland Empire file emergency custody requests quickly and correctly. Whether you’re in San Bernardino, Riverside, Redlands, Menifee, Indio, Hemet, or Temecula, we’re here to support you with flat-fee services and fast turnaround.

Start the process now:👉 Book Emergency Custody Filing – Flat Fee

This blog is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed unless a retainer agreement is signed.