CALIFORNIA FAMILY CODE
CUSTODY OF CHILDREN
TEMPORARY CUSTODY ORDER DURING PENDENCY OF PROCEEDING
Family Code Section 3062
(a) In the absence of an agreement, understanding, or stipulation, the
court may, if jurisdiction is appropriate, enter an ex parte temporary
custody order, set a hearing date within 20 days, and issue an order to
show cause on the responding party. If the responding party does not appear
or respond within the time set, the temporary custody order may be extended
as necessary, pending the termination of the proceedings
(b) If, despite good faith efforts, service of the ex parte order and order
to show cause has not been effected in a timely fashion and there is reason
to believe, based on an affidavit, or other manner of proof made under
penalty of perjury, by the petitioner, that the responding party has possession
of the minor child and seeks to avoid the jurisdiction of the court or
is concealing the whereabouts of the child, then the hearing date may
be reset and the ex parte order extended up to an additional 90 days.
After service has been effected, either party may request ex parte that
the hearing date be advanced or the ex parte order be dissolved or modified.