How to Get Emergency Custody in Florida


Get Emergency Child Custody in Florida As Fast As Possible

 

A contested divorce can last a year or longer, depending on the complexity of the parties’ situation. However, there are circumstances in which you cannot wait that long to resolve a problem that demands urgent attention.

For instance, you feel that your child is in danger when they spend time with the other parent. The families involved in these cases cannot afford for the safety of the child to wait the several weeks or months it takes to get a hearing scheduled before the court.

Filing for emergency custody in Florida is how a parent can gain immediate but temporary custody of their child. Though this option exists, it only applies to a limited number of cases. However, if you understand how to file for emergency custody in Florida, you will have a powerful tool to keep your children safe at a time when they need it the most.

The child custody attorneys at C. Alvarez Law can represent you and even file for emergency custody on your behalf if necessary.

Pursuing Emergency Custody in Florida

You need to know that emergency temporary custody in Florida will happen ex parte. In other words, when you are filing for emergency custody, the other parent will not be present at the first hearing. That means that the other parent will not have the opportunity to refute, deny, or explain any accusations.

This, in essence, is denying the other parent’s right to due process for the sake of a child’s safety. The court takes this extremely seriously and will not hear your case unless there is a true emergency.

What is Emergency Child Custody in Florida?

As mentioned, emergency custody typically refers to a situation where a child is in immediate danger and requires protective intervention from the court. In other words, a judge will issue emergency custody orders only to remove a child from a dangerous or harmful environment. A dangerous or harmful environment will encourage or fail to protect children from abuse or mistreatment.

But what feels like an emergency to you may not constitute one that demands filing for emergency custody. There needs to be an immediate threat to the child that could jeopardize their mental or physical health or well-being. For example, if the other parent has a substance abuse problem, then they may not be able to be the type of parent the child needs them to be to feel safe.

The Risks of Not Seeking an Emergency Custody Order

Furthermore, parental kidnapping can happen during a divorce, while you are married, or even after the divorce has been finalized. While there are federal laws that prohibit this, that doesn’t stop it from happening. If one parent threatens to abduct the child to relocate to another state or country, you would have the ability to file for emergency temporary custody in Florida.

When filing for emergency custody, a concerned party, such as a parent, relative, or legal guardian, would need to file a petition with the family court. Your petition must outline the reasons why the child is in immediate danger. Naturally, you will need to provide evidence to support your claim. The court will review the evidence and, if convinced that the child’s safety and well-being are at risk, may issue an emergency custody order.

How to Get an Emergency Child Custody Order

While you will be filing for emergency custody in Florida urgently, approach the process with utmost care. Nothing matters more than ensuring your child’s safety. Don’t do anything that would compromise your or your child’s safety. Here are the steps involved in getting emergency temporary custody in Florida.

  • Consult an Attorney: The first step is to speak with an experienced family law attorney familiar with Florida laws. They can guide you through the process and help you understand your rights. But most importantly, your lawyer will help you fill out and file the paperwork for your emergency child custody in Florida.
  • Gather Evidence: You will need to collect all relevant evidence demonstrating your child is in immediate danger. This might include photographs, medical records, police reports, witness testimony, or other documents supporting your case. Share the evidence you have with your lawyer. They can evaluate your case based on the evidence.
  • File the Emergency Custody Motion: When everything is ready, you can file a motion for emergency temporary custody. Your emergency custody motion will outline the reasons why you are seeking emergency custody. Of course, our attorney can draft the emergency custody motion for you and help you file it in court. You will need to file the motion in the county where your child resides.
  • Attend the Hearing: You will need to attend the hearing. Be concise, focused, and respectful during the proceedings. Our lawyer can present the evidence and make a compelling argument to the court on your behalf. Based on the evidence, the court will decide whether or not to award emergency temporary custody in Florida.
  • Follow the Court’s Orders: You will need to follow the orders when a court grants emergency custody. It may involve arranging for the child to move in with you immediately.

However, remember that every case is unique. Additionally, laws are always changing. Be sure to consult with an attorney before taking any legal action.

How Long Does Temporary Custody Last in Florida?

As family law attorneys, we often face the question – how long does temporary custody last in Florida?

It differs between cases because temporary custody usually has no specified end date. Your emergency custody order will last until your emergency custody hearing and the court can evaluate the situation.

At your emergency custody hearing, the court will evaluate the situation and make a final decision regarding custody arrangements as soon as possible, but this is not always the case. Here, the other parent also has the opportunity to make objections and present arguments.

After that, your emergency custody order will be null and void and be replaced with the court’s final decision.

Contact Our Child Custody Lawyers in Orlando, FL

Are you filing for emergency custody in Florida? Contact the child custody attorneys at C. Alvarez Law and schedule a consultation to discuss the issue of child custody further. We are well accustomed to handling cases involving post-judgment modifications.

When circumstances change and your custody arrangement is no longer in the child’s best interest, you have legal options to consider. Allow us to represent you and keep your child safe.

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C. Alvarez Law

C. Alvarez Law is a Central Florida-based law firm that helps families find resolutions to their most complex family law issues. We are dedicated to providing the support and advice you need for a positive outcome and a better life. Before you can move on with your life, you need closure. Our firm is diverse, energetic, and passionate about delivering this for the clients who have placed their trust in us. Let’s work together today to find a better tomorrow.

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