Emergency Custody Orders in Florida
Navigating child custody (timesharing) matters can be a daunting task. This is especially true when immediate action is necessary to protect a child’s well-being. If you believe your child’s well-being is at risk, you may be wondering how the court can help you. In such a case, it may be necessary to petition the court to grant emergency temporary custody to protect your child. The court will issue an emergency custody order if your petition is granted. In this article, we discuss emergency custody orders in Florida.
What Is an Emergency Custody Order?
An emergency custody order is an order issued quickly in cases where a child’s well-being is at risk. Unlike regular custody orders, which can take months to issue, an emergency custody order can be issued within hours or days. Emergency custody orders are meant to provide immediate protection to the child. An emergency custody order allows one parent or guardian to obtain temporary custody of a child until a full custody hearing is conducted.
Circumstances That Warrant Emergency Custody
In Florida, emergency custody orders cannot be granted in just any situation. These orders are typically granted in cases where there is credible evidence that the child is in imminent danger. According to Florida Statute 61.517, the following are the main reasons a Florida court would allow an emergency custody order;
- The child has been abandoned
- The child is experiencing or facing the threat of harm or abuse
- A sibling or parent of the child is facing the threat of harm or abuse (domestic violence)
Types of Emergency Custody Motions
When a child’s well-being is at risk, a parent or guardian can file one of two emergency custody motions to ensure their protection. The following are the two types of emergency custody motions in Florida;
Ex-Parte Emergency Custody Motion
This motion is filed and sent directly to the judge for consideration without notifying the other party. “Ex-parte” refers to motions that can be granted without waiting for the other party to respond. Such pleadings are only allowed in cases that are so serious that the other party should not be notified of the motion. An ex parte emergency custody motion may be appropriate when there is evidence that;
- A parent will remove the child from the state if they find out about the motion being filed
- The child is in danger of immediate physical harm
- The child is about to be removed from the state or abducted
Regular Motion for Emergency Custody
If the situation does not allow you to file an ex parte emergency custody motion or the court denies your request, you can file a regular motion for emergency custody. This option requires that the other party receive a notice. With this type of motion, the other party is given a chance to respond before the court makes a decision.
If you are considering filing an emergency custody motion, contact an experienced family attorney. An attorney will evaluate your case and guide you through the process of filing an emergency custody motion.
Contact a Lakeland Family Lawyer
If you need help removing your child from a dangerous situation and protecting their well-being, we are here to help. Contact an experienced Lakeland family attorney at Darla K. Snead, P.L., today to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2022/61.517
