Emergency child support orders, also known as ex parte, are available when a child is in an immediate risk of danger or abduction in their home. The orders are usually in cases of domestic violence. A parent must show evidence that their child is in danger to win the case.
California law governs emergency child support orders under California Rule of Court 5.151. The law governs that ex parte can only be used under limited circumstances, including to help prevent an immediate danger or irreparable harm to the child involved in the matter.
If you think your child is in harm, file the order right away. In some cases, a parent may petition the family court for an emergency hearing. You should get help when trying to attain emergency child support. A family attorney will guide you through the right steps to succeed.
What Constitutes an Emergency Child Support Hearing?
California law institutes grounds for emergency child support orders. If any of the following have occurred, a parent can likely obtain temporary order if they have evidence;
- A sex offender residing in the home
- Allegations that the child is a victim of sexual abuse, physical abuse, or neglect
- Indications of domestic violence
- A parent’s arrest for a serious crime, including drug and alcohol use
- Allegations that the parent is suffering from a mental breakdown
You will need proof that your child is in danger. This could be photos, emails, or texts. Save all communication between you and your co-parent. Without evidence, the judge will not see your case.
You should work with a family law attorney for the best likelihood to be granted an emergency child support order. An attorney can help gather the information and take you through the steps to win your case. The Law Offices of Eric Andrew Mercer provides family law legal experience to win emergency child support orders. Contact the family law legal office in Sacramento, California today!