An Emergency Investigation is an investigation to help the court make an immediate decision about child custody and visitation based on the best interests, health, and safety of the child.
Typically, this type of investigation is ordered when there are immediate concerns regarding child abuse, substance abuse, or domestic violence that impacts the children.
This investigation is not an in-depth investigation but rather a “triage” or screening to ensure the child is safe.
An Emergency Investigation is an investigation to help the court make an immediate decision about child custody and visitation based on the best interests, health, and safety of the child.
What Information is Considered in a “Fast Track” or Expedited Investigation?
Most investigations of this nature take a few hours and are usually finished within the same day. An investigator from California’s Family Court Services (“FCS”) will learn about the child’s living situation and other issues relating to custody by talking with both parents, their attorneys, and by completing the following:
- Reading papers related to the emergency issues
- Looking at criminal records of anyone living in the house with the child
- Talking to the child and watching how he/she interacts with the parents or other family members
- Talking with other family members or witnesses by phone or in person
- Collecting more information from school, daycare, doctor, Child Protective Services (CPS), the police, etc.
The investigator will then present oral or written recommendations to the judge and the parties will have a hearing with the Judge.
If you Feel Threatened or a Victim of Domestic Violence, you have the Right to Separate Interviews
If you are a victim of domestic violence, you have the right to have separate interviews. If there is a current criminal and/or civil restraining order you have the right to have a support person with you. You can get more information about these rights at FCS.