Emergency Custody During Natural Disaster: What Parents Should Know

Wildfires, earthquakes, floods, and other natural disaster can create sudden and dangerous situations for families. They can make homes unsafe, cause roads to close, and shut down schools, and families may need to evacuate with little warning.

For parents who share custody, a natural disaster can create another problem: What happens if the existing custody order is no longer practical or safe to follow?

Parents may need to request a temporary emergency custody order when a disaster creates an immediate danger and an urgent change in the child’s living arrangements becomes necessary.

Understanding your rights during an emergency can help you make decisions that protect your child while avoiding a custody dispute.

Can a Natural Disaster Change a Custody Order?

A natural disaster does not automatically change an existing custody order. If the court order says when a child should be with each parent, that order generally remains in effect until the parents reach an agreement or the court modifies it.

However, a disaster can create circumstances in which following the custody order becomes impossible or places the child in danger.

If the parents can’t agree on where the child should stay, and the situation requires immediate court intervention, an emergency custody request may be an option.

When Can You Request Emergency Custody?

Under California Family Code section 3064, a court generally may not grant or modify custody on an ex parte basis unless there is a showing of immediate harm to the child or an immediate risk that the child will be removed from California.

For example, a wildfire may make a child’s current home unsafe. If the parent living there refuses to evacuate or attempts to return to unsafe conditions with the child, the other parent may have grounds to seek ex parte relief if the facts satisfy California’s immediate-harm standard. 

A parent seeking emergency custody should gather detailed documentation of the disaster’s impact, including dates, events, and safety concerns, and why immediate court intervention is necessary.

What Should Parents Do During a Natural Disaster?

When a natural disaster affects a custody arrangement, parents should focus on three priorities:

1. Safety

Follow evacuation orders and other directives from emergency personnel. A custody dispute should not prevent a child from being moved from an unsafe area. An emergency evacuation for the child’s safety, however, does not by itself legally modify the custody order.

2. Communicate

Inform the other parent about what is going on whenever it is safe and possible to do so. Let them know the child’s location and immediate needs.

3. Document

Keep a record of significant changes to the child’s living arrangements and the reasons for those changes.

Talk to an Attorney at LPEP Law About Emergency Custody

Natural disasters can force parents to make hard decisions with very little notice. A wildfire evacuation, earthquake, flood, or other emergency can disrupt a child’s normal routine and make an existing custody schedule difficult or impossible to follow.

If you are dealing with a natural disaster that has created an urgent custody issue, one of our family law attorneys at LPEP Law can review your existing custody order, help you understand your options, and determine whether requesting temporary emergency custody may be appropriate for your situation.

During a natural disaster, your child’s safety is your top priority. Contact us at 408-553-0801 and learn how we can protect your child’s best interests. 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Gretchen Boger

Gretchen Z. Boger began her law career as a Deputy District Attorney in San Joaquin County from 2007 – 2010. During her tenure with the D.A.’s office, she prosecuted 17 jury trials. Ms. Boger has been practicing family law exclusively since January 2010. Ms. Boger joined Lonich Patton Ehrlich Policastri in 2013. She received her Juris Doctorate from the University of the Pacific, McGeorge School of Law. During her time at McGeorge, she received a concentration in trial advocacy.