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What Is an Ex Parte Custody Order in Florida and When Do You Need One?

Custody battles are emotional and challenging legal disputes. Sometimes, they can become dangerous. If you’re concerned for your own or for your child’s safety, you can seek an ex parte custody order in Orlando, Florida. 

What Is an Ex Parte Custody Order?

An ex parte custody order is a legal order issued by a judge in Florida that grants temporary custody of a child to one parent without the other parent’s input or consent. This type of custody order can be issued by the court in cases where there is evidence that the child may be in danger or at risk if left in the other parent’s care.

It is typically made on an emergency basis and only lasts until a full hearing can be held, where both parents can present their arguments and evidence to the court.

Because court dockets are often backed up for months, judges have time each week dedicated to these quick hearings. If granted, you will need to set the matter for a full hearing where your child’s other parent can present their case, but that may be months away.

In order to obtain an ex parte custody order, you will need to demonstrate to the judge that you have valid reasons for seeking this type of custody arrangement, such as evidence of abuse or neglect, concerns about your child’s safety, or other factors that make it necessary for you to have immediate custody over your child.

You will also need to prove to the judge that having your child’s other parent present for the hearing could create additional harm to your child.

When Would I Need an Ex Parte Custody Order?

To seek an ex parte custody order, the parent requesting the emergency order may need to provide evidence of specific behaviors or actions on the part of the other parent that indicate they are unfit or unable to care for their child. This might include evidence of abuse, neglect, drug or alcohol addiction, mental health issues, domestic violence, criminal activity, or other detrimental acts.

There are various reasons why someone might seek an ex parte custody order. For example, they may be concerned that their child is being neglected or abused by the other parent, or they may suspect that the other parent is engaging in illegal activities that could put the child at risk.

To successfully get an ex parte custody order from a court in Florida, it is important to provide clear and convincing evidence of any behaviors or actions on the part of the other parent that shows they are not fit to care for their child.

This may involve presenting witnesses who can testify about specific incidents involving the other parent and providing documentation such as police reports or medical records.

Contact the Orlando Family and Divorce Law Firm of Conti Moore Law Divorce Lawyers, PLLC for Help Today

Ultimately, the best way for unmarried Florida couples to protect themselves is by seeking legal advice from an experienced Orlando family law attorney who can help them navigate the complexities of state law. Contact Conti Moore Law Divorce Lawyers, PLLC, for trusted Orlando family law representation.

For more information, contact our experienced Orlando child custody lawyers at Conti Moore Law Divorce Lawyers, PLLC by calling (407) 831-0203 to schedule a free consultation.

Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803
United States

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