California
What is a temporary custody order versus a final one in California?
Quick answer
A temporary custody order decides who has the children while the case is going on. It can be based on the parents’ agreement, made after a Request for Order hearing, or made in an emergency, and it lasts until the court changes it; an emergency order lasts only until the hearing unless the judge extends it. What people call a final order is usually the custody order made part of the judgment that ends the case; the Judgment form (FL-180) has an item for custody and visitation orders set out in an attached agreement or order. Neither is permanent: the court can change custody later.
Researched by Dan Martin, Legal Researcher · Published by Onbello Legal · Last updated October 2026
What the law says
Family Code section 3060: “A petition for a temporary custody order, containing the statement required by Section 3429, may be included with the initial filing of the petition or action or may be filed at any time after the initial filing.” If the parents agree, section 3061 says the court “shall, except in exceptional circumstances, enter an order granting temporary custody in accordance with the agreement or understanding or in accordance with any stipulation of the parties.”
Emergency (ex parte) orders have a higher bar. Section 3064(a): “The court shall refrain from making an order granting or modifying a custody order on an ex parte basis unless there has been a showing of immediate harm to the child or immediate risk that the child will be removed from the State of California.” Under section 3062(a), when the parents have no agreement, the court can make an ex parte temporary custody order and set a hearing within 20 days. The emergency order form, FL-305, says: “The temporary emergency orders expire on the date and time of the hearing in (1), unless extended by court order.”
The Family Code sections we read do not define a “final” custody order. The Judgment form, FL-180, item 4j, says: “Child custody and visitation (parenting time) are ordered as set forth in the attached” agreement or order forms. Section 3022 lets the court make a custody order “during the pendency of a proceeding or at any time thereafter,” and section 3087 lets a joint custody order be modified or ended “if it is shown that the best interest of the child requires modification or termination of the order.”
- Family Code section 3060 (leginfo.legislature.ca.gov)
- Family Code section 3061 (leginfo.legislature.ca.gov)
- Family Code section 3064 (leginfo.legislature.ca.gov)
- Family Code section 3062 (leginfo.legislature.ca.gov)
- Form FL-305, Temporary Emergency (Ex Parte) Orders, Rev. January 1, 2026 (PDF)
- Form FL-180, Judgment (Family Law), Rev. July 1, 2012 (PDF)
- Family Code section 3022 (leginfo.legislature.ca.gov)
- Family Code section 3087 (leginfo.legislature.ca.gov)
What to do next
To ask for temporary orders in an existing case, file a Request for Order (form FL-300). For an emergency, rule 5.151 and the self-help guide list the forms, including FL-305; the guide says that at the hearing, “the judge will decide if the order should last longer or needs to be changed.” Follow the temporary order until a judge changes it.
Last checked against the sources above on October 8, 2026.
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This page is general legal information, not legal advice, and does not create an attorney–client relationship. Laws and local rules vary and change. For advice about your situation, consult a licensed family-law attorney in your state.
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