Securing an emergency custody order in California can bring swift relief when your child’s safety is at stake. However, that early victory is just the beginning of a more involved legal journey. Knowing what comes next helps protect your rights and supports your child’s stability. In this month’s blog, we break down what happens after the order is granted and how to prepare for the upcoming custody process.

Personal Service & Immediate Enforcement
Once the emergency custody order (ECO) is granted—typically 16 court days before hearing—the requesting party must personally serve the other parent with certified court copies, including forms FL-300 and FL-305. If the other parent resists, substitute service (leaving with a responsible adult) allowed only if personal service isn’t possible and with court approval. During this time, listen to your child custody lawyer and coordinate with law enforcement or a process server to ensure safe and retrieval of the child.
Temporary Custody Takes Effect, Hearing Is Set
Once served, the parent granted custody gains sole legal authority for decisions affecting the child’s welfare, such as school, healthcare, residence, and more. The emergency order remains in effect only until the formal hearing, typically scheduled within 14 to 25 days. During this interim, restrictions on visitation or no-contact orders may apply to the non-custodial parent.
Related: Learn more about mistakes you should avoid in child support cases here.

Prepare for the Full Custody Hearing
In advance of the hearing, the court may order a child custody investigation—Orange County often uses a CCI (Child Custody Investigation). Parents may also engage in discovery, collecting documents, affidavits, and depositions.
At the hearing, both sides present their evidence; if the ECO is upheld, it may transition into a temporary custody order until final orders are issued. If not, the prior custody arrangement may be restored.
Related: Read more about whether it’s worth changing court orders here.
Possible Outcomes & Enforcement
Post-hearing, there are three possible outcomes:
- Extension: The judge confirms the ECO as a temporary order.
- Modification: Visitation or custody terms are adjusted.
- Dismissal: The ECO is lifted and prior custody is reinstated.
Violation of any court orders can lead to contempt proceedings, fines, or even changes in custody.
What now?
If you are staying in Orange County, CA, you can rely on Family Law Richard E. Young & Associates. We provide the legal expertise required, allowing you to focus on providing emotional stability for your child. Reach out to us for a free initial consultation at (949) 951-9529 today!