Some families manage to resolve disputes without resorting to legal intervention. However, in some cases, immediate action is necessary to shield children from an injury stemming from family conflicts.
In these cases, understanding your rights as a parent and familiarizing yourself with emergency child custody laws in Florida can benefit you. You’ll help ensure that you receive fair treatment during court proceedings and that your children’s best interests remain protected.
What Is an Emergency Order?
An emergency order is a temporary court order that grants immediate relief while the parties wait for their full hearing date. It is designed to provide protection for children when one of the parents poses a danger or threat to them.
If granted, an emergency order may award temporary sole physical and legal custody of a minor child or children until further orders from the court are issued. The parent who files the motion must show that there is an imminent threat of harm or danger to the child if immediate relief isn’t granted.
Reasons for Emergency Custody in the State of Florida
In Florida, emergency child custody can be requested in two situations:
- When the child is likely to imminently suffer serious physical harm, or
- When the child is likely to be removed from the state.
This type of request should only be used if there is an immediate danger posed to the child.
In Florida, emergency child custody is designed to protect children from dangerous situations. If a parent feels that their child is in imminent danger due to abuse or neglect, they are allowed to file an emergency motion for temporary custody or relocation.
With the motion for emergency relief, the lawyer will submit all the necessary documents to the court, including any supporting materials like medical reports, police records, and witness testimonies.
The petition will be delivered directly to the judge’s office so they can review it immediately and make a determination as to whether it warrants emergency action to be taken.
If the court finds that a risk of immediate harm to the child exists, they will issue a temporary order of protection. This will require law enforcement to take the child into protective custody immediately.
They will then set an expedited hearing date where both parents can be heard on the matter. The emergency custody hearing occurs after the child has already been removed from the parent’s home to ensure the child is not in danger.
What Happens During an Orlando, FL, Emergency Custody Hearing?
During the emergency custody hearing, the petitioner must present evidence demonstrating why they should be granted temporary custody of the child.
This could include personal testimony or sworn statements by other witnesses such as doctors, teachers, or law enforcement officers. The respondent also has a chance to present their case and can bring their own evidence to support their argument.
At the conclusion of the hearing, the judge considers both sides’ arguments and makes a decision based on all of the facts presented.
How Long Does Emergency Custody Last?
If an emergency order is granted, it will remain in effect until the full child custody hearing takes place. At that time, the judge will decide whether or not to terminate or modify it. During this hearing, the evidence must show why joint custody or visitation rights should be granted.
Ultimately, whatever decision is made regarding these matters must always take into account what’s best for the child. Unless having contact with both parents will pose a serious danger, it’s usually considered beneficial for the child to have some relationship with both parents if possible.
Contact the Orlando Family and Divorce Law Firm of Conti Moore Law Divorce Lawyers, PLLC for Help Today
Conti Moore Law Divorce Lawyers, PLLC
815 N Magnolia Ave Suite 100
Orlando, FL 32803