• Facebook
  • Youtube
  • Linkedin
  • Twitter
  • Instagram
  • Vk
Call Us At: (408) 553-0801
Lonich Patton Ehrlich Policastri
  • Home
  • About
    • Why LPEP
    • Our Attorneys
    • Locations
      • San Jose
      • Santa Cruz
    • Testimonials
  • LPEP Spotlight
  • Practice Areas
    • Family Law
      • Annulments
      • Certified Family Law Specialists
      • Child Custody and Visitation
      • Child Support
      • Divorce and Your Estate
      • Divorce Litigation
      • Divorce Planning
      • Domestic Partnerships
      • Domestic Violence
      • Enforcement and Modifications
      • Extramarital Affairs
      • Grandparents’ Rights
      • Harassment
      • Legal Separation
      • Mediation and Collaborative Divorce
      • Parental Relocations
      • Paternity
      • Postnuptial Agreements
      • Prenuptial Agreements
      • Property Division
      • Restraining Orders
      • Same Sex Divorce
      • Spousal Support and Alimony
    • Estate Planning
      • Business Succession Planning
      • Power of Attorney
      • Probate
      • Trust Administration
      • Trust and Probate Litigation
      • Trusts
      • Wills
  • FAQ
    • Estate Planning FAQ
    • Family Law FAQ
  • Blog
  • Pay Now
  • Resources
    • Family Law Resources
    • Estate Planning Resources
  • Contact Us
    • Careers
  • Get a Free Consultation
  • Menu
Wooden figurines of family with child and gavel on table in front of judge at table conducting divorce process. ex parte
Virginia Lively

What is an ex parte custody order?

February 10, 2023/in Family Law /by Virginia Lively

When a couple is getting a divorce, important decisions can become complicated, especially if there are children involved. Child custody requires extensive planning and forethought. In a typical child custody case, the courts look into a variety of things regarding both parents in order to make a decision that is focused on what is best for the child (or children). Both parents are involved in making this decision. However, there is a circumstance known as an ex parte custody order, which allows for court proceedings involving only one parent or guardian to take place without notifying the other.

What is an ex parte custody order?

An ex parte custody order happens when one parent files a legal document with the court in order to get custody of the child, without notifying the other parent of what is happening. Ex parte requests are reserved for imminent and dire emergencies. Some examples of what the courts consider an emergency are situations where the child is at risk of being abducted by the other parent or is suffering from mental or physical abuse. Requesting an ex parte custody order essentially means you formally ask the judge to make a decision immediately, regardless of the other cases the judge had scheduled for that day. Ex parte requests should be reserved for the most utmost emergencies, where the well being of the child is in real danger. If you are confident that the situation requires immediate action and an ex parte custody order is the course of action you need to take, then you need to make sure your homework is done so you can act swiftly and efficiently.

What to do before, during, and after the hearing.

In an average child custody case, both parties are aware of the court date and all of the details. In an ex parte case, one party files the required documents known as “pleadings”, with the assistance of an attorney. The most crucial part of this step is to make sure you have an attorney well versed in family law and knowledgeable on ex parte cases. Since courts in the same state can be very different from one another, make sure your attorney is familiar with the specific court you will be appearing at. Doing your homework is vital. When you arrive at court, sometimes they will have already made a decision based on your pleadings alone. Occasionally, they will want to hear an oral argument from the petitioning party. After the hearing, the ruling will be made in writing.

Here at Lonich Patton Ehrlich Policastri, we understand the importance of settling child custody cases amicably. We have a strong reputation in San Jose and Santa Clara when it comes to helping families with custody cases of all kinds. Contact us today at 408-553-0801 or fill out the form here for a free 30 minute consultation, and allow one of our experienced attorneys to help guide you in the next steps to take for your family.

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

Virginia Lively

Avatar photo

Virginia Lively joined Lonich Patton Ehrlich Policastri in 2016, and has practiced family law exclusively since 2012. In 2018, Ms. Lively became a Family Law Specialist as certified by The State Bar of California Board of Legal Specialization. Her work with clients throughout the Bay Area has demonstrated her expertise in divorce, domestic violence, and spousal and child support as well as tax planning and litigation.

Share this entry
  • Share on Facebook
  • Share on Twitter
  • Share on Linkedin
  • Share by Mail
https://www.lpeplaw.com/wp-content/uploads/2023/02/bigstock-Wooden-Figurines-Of-Family-Wit-422239064.jpg 600 900 Virginia Lively https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Virginia Lively2023-02-10 16:43:252023-03-21 23:40:31What is an ex parte custody order?
Learn more about estate planning with a free resource
Read all about family law and child custody
Learn more about family law matters such as private divorce counseling.

Categories

  • 2021
  • 2022
  • 2023
  • Business Law
  • Estate Planning
  • Family Law
  • Firm News
  • In the Community
  • News
  • Personal
  • Probate
  • Spotlight

Posts From The Past 12 Months

  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022

Explore Our Archives

Free 30-Minute Family Law or Estate Planning Consultation

0 + 4 = ?

Link to: Contact Us

Contact Us

LONICH PATTON EHRLICH POLICASTRI

1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, and San Benito. For a full listing of areas where we practice, please click here.

DISCLAIMER

This web site is intended for informational purposes only and is not legal advice. Nothing in the site is to be considered as either creating an attorney-client relationship between the reader and Lonich Patton Ehrlich Policastri or as rendering of legal advice for any specific matter. Readers are responsible for obtaining such advice from their own legal counsel. No client or other reader should act or refrain from acting on the basis of any information contained in Lonich Patton Ehrlich Policastri Web site without seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.

About | Why LPEP | Contact | Blog

© 2023 Copyright Lonich Patton Ehrlich Policastri. All rights reserved. Privacy Policy

Can I Sue My Spouse For Cheating On Me? Couple sitting on therapy couch after husband's infidelity. Man with arm around woman, woman has head in hands. Grandparents and grandchildren hugging while siting on the beach. Can Grandparents Sue for Visitation Rights? Can Grandparents Sue for Visitation Rights?
Scroll to top

LPEP COVID-19 Office Protocol