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Legal Information: California

Custody

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Laws current as of January 11, 2024

If the other parent or I get ex parte temporary custody, can either of us leave the state with our child?

Whenever a judge grants an ex parte order for temporary custody, s/he also enters an order that says that whoever is getting custody cannot take the child out of the state before the hearing that will establish final custody.1

1 Ann.Cal.Fam.Code § 3063

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Can I get temporary custody as part of my domestic violence restraining order (DVRO) against the other parent?

If you get restraining order due to domestic violence, the order may include temporary custody of minor children. By law, the judge assumes that it is in the best interest of the child to be in situations where there is no domestic violence.1 The DVRO can also make a temporary visitation schedule for the non-custodial parent. Be sure to tell the judge that you want temporary custody during your restraining order hearing so that the judge can take your request into consideration. Note: Any order for custody, visitation, or support that is made within your DVRO will continue to be effective even when the DVRO ends.2

1 Ann.Cal.Fam.Code § 6323
2 Ann.Cal.Fam.Code § 6340(a)

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Am I eligible for an ex parte temporary custody order?

Judges generally only grant ex parte orders when there is immediate harm to the child or an immediate risk that the child will be removed from the state.

Immediate harm to the child includes, but is not limited to, having a parent who has recently or continually committed acts of domestic violence, or if the child has been recently or continually sexually abused.1

1 Ann.Cal.Fam.Code § 3064

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Can I ask for an ex parte temporary custody order when I file for custody?

You can include a request for a temporary custody order when you first file for custody, or any time after you first file for custody if you meet the requirements explained above in Am I eligible for an ex parte temporary custody order?1 If you are granted the ex parte order, a hearing will generally be scheduled during the next 20 days.2

1 Cal.Fam.Code § 3060
2 Cal.Fam.Code § 3062(a)

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