You probably understand this by now, but divorce can turn someone you have known for years into a virtual stranger. Those who cannot cope with the end of a marriage often act uncharacteristically, hoping to get a reaction from their spouse.
Unfortunately, making threats that involve the children is a highly effective way of getting a co-parent’s attention. While most threats never amount to anything, you should protect your rights after receiving such threats.
Below you will find out what it takes for a co-parent to make good on a threat to seek emergency child custody under California law.
There must be an immediate risk to the child
Before a judge can issue emergency orders, your co-parent must show that your child is in imminent danger when in your custody. It is not enough for parents to allege immediate risk; they must show it to the judge.
Usually, those with a valid concern seek emergency custody for two common reasons. They suspect the other parent is planning to remove the children from the state or country, or they believe the kids are in physical danger (violence, abuse, etc.).
Try to relax if you know you have done nothing to harm your children or risk their health and happiness. It is unlikely that your co-parent will be able to produce legitimate proof.
Could they keep disrupting your life this way?
If you believe your spouse is upset or angry enough to continue trying to sabotage your custody rights, consider seeking legal guidance. With experienced assistance, you can feel much more confident about the outcome of your child custody proceedings.