Emergency custody orders in Florida can be granted when there’s reason to believe that a child is being abused, in imminent physical danger, or potentially at risk of being removed from the state. An experienced family law attorney can help you file a petition to have your child removed from the dangerous situation and placed in your care.
There are two ways to file a petition for emergency custody: ex parte or by providing notice to the other parent.
In an ex parte motion, a judge considers the petition before the parent accused of abuse or removal is notified. This is typically reserved for situations where it becomes more likely that a child will get hurt or be moved if the parent knows that emergency custody is being sought.
Most petitions for emergency custody must be filed like all other motions with the court. The petition is filed with the court, and the other party to the family law dispute is notified of the legal action and served with copies of relevant documents.
Is there a hearing when an emergency custody petition is filed? Yes, but since the petition is requesting emergency relief because a child is endangered, the hearing is held after the child is removed from the potentially dangerous situation.
Typically, a judge will make a decision about emergency relief based on the facts and arguments of the petition alone. If emergency relief is granted, the petitioner (parent filing the motion) will be granted temporary custody of the child.
The judge will issue a warrant to take physical custody of the child, at which time police officers will be dispatched to the child’s location. The defendant — the parent being accused of endangering the child — must be served with a copy of the petition, warrant, and court order immediately and given the opportunity to relinquish custody of the child. If the parent refuses, the police have the authority to forcibly enter the premises and remove the child.
A hearing must be held the day after the warrant is issued or the first day that it’s possible. Holidays and weekends could potentially push a hearing out for a couple of days.
At the hearing, both parents will have the opportunity to introduce evidence, offer statements and testimony from witnesses, and argue their cases.
An Orange County or Polk County family law judge will then determine if a more permanent change to the family’s custody agreement is warranted.
So what steps do you need to take to file for emergency custody of your child, and what forms will you need to file to get the ball rolling? Here are the steps you need to take:
Once the judge receives the motion, they’ll review it and issue a judgment — typically within 24 hours.
The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.
