When An Ex Parte Hearing Could Be Right For Your Family

Law Offices of Stephanie L. Mahdavi A Professional Law Corporation Child Custody

When it comes to getting divorced, most people tend to want to get the legal proceedings over and done with as quickly as possible. This is understandable as, after all, divorce may be one of the most traumatic experiences of your life and, even when you actively wanted to separate from your former spouse, the change and upheaval can be tricky to deal with. Most of the time, you will need to wait for your case to come up in court but, in certain situations, a quicker Ex Parte hearing could be the best option for you and your family. If you feel your circumstances qualify you for an emergency hearing, speak to a Westlake Village child custody attorney immediately.

What Constitutes an Emergency in California Divorce Law?

There are very strict rules about what constitutes an emergency and, therefore, qualifies for an Ex Parte hearing. Bear in mind that, when requesting an Ex Parte hearing, you are stating that you have an urgent enough reason to jump ahead of everyone who has filed for regular hearings. A judge may be able to grant temporary custody in an Ex Parte hearing where:

  • There is an immediate threat of harm to the child or children
  • There is an immediate threat of the child or children being removed from the state of California

In terms of what counts as “threat of harm”, generally this applies where one of the parents has committed either recent or ongoing acts of domestic violence, or where the child is believed to be at risk of sexual abuse.

As these are clearly harmful situations for any child to be in, if you feel your child is in this type of danger, contact a Westlake Village child custody attorney immediately.

Protecting Your Child with the Help of a Westlake Village Child Custody Attorney

Unless your circumstances put your child in immediate danger, as outlined by the qualifying criteria for an Ex Parte hearing above, your divorce should not mean that your child has to live without one parent. We understand how difficult divorce is – after all, nobody gets married with the intention of divorcing in the future – so we promise to handle your child custody case with empathy, compassion, and dedicated professionalism. Whatever the circumstances of your divorce, we can help you to resolve it with your child’s best interests in mind at all times.

When considering the specifics of child custody, the judge will take numerous factors into consideration, including their relationship with each parent, the child’s age, the friendships they currently have, and how they are performing at school. In most cases, the court will grant joint legal and joint physical custody of the child, meaning both parents remain involved in the child’s life. Despite what you may read, sole custody is difficult to obtain, and normally only happens where one parent is believed to be a threat to the child, for anyone of a variety of reasons.

To discuss your case with a Westlake Village child custody attorney, schedule your initial consultation by calling us today on 805-379-4550.

    Contact Us

    * Fields are required

    By clicking submit, you are agreeing to the Privacy Policy.