Written by Michael Fayard
Parents can often reach a child custody arrangement outside of court during divorce or separation. But if both parties are unwilling to work together, or there is suspicion or likelihood of imminent harm or danger to the child, a stable guardian can request court intervention with an emergency custody order.
Discover what it is and how you can get emergency custody in Florida by working with attorney Michael Fayard and 941 Law Help.
An emergency order is a temporary court order issued to provide protective intervention when there’s a suspicion of imminent danger and harm to the child.
But when should you file a motion?
The Florida Statute §61.517 sheds light on what constitutes an emergency. Based on what it says, state courts have temporary emergency jurisdiction over a child when:
Grounds could also include, but are not limited to:
To seek emergency custody, you’ll need to outline your reasons and provide evidence to substantiate your claim.
There are two ways a petitioner can obtain an emergency custody order:
In ex-parte emergency motions, the file is sent directly to the judge who decides without waiting for the other party to respond. In many cases, the other parent is not notified at all for fear of parent kidnapping or because of the possibility that the parent may remove the child from a jurisdiction without the consent or permission of the other parent if they learn about the custody motion.
The other party will be notified of the motion and given time to respond in court and exercise their right to due process. They’ll be provided with copies of the documents and will have the opportunity to refute the claims or present arguments against the accusations raised.
Here’s a step-by-step guide for filing an emergency custody order in Florida:
You will need to submit specific documents to show cause and specify why urgent action is necessary. This can include:
You can also include sworn witness testimonies from teachers, neighbors, counselors, etc., to support your claim.
Obtain and complete the Family Law Form 19.941(d) or the Emergency Verified Motion for Child Pick-up Order. Judges will consider the facts of the children’s current situation and the information provided about the allegations.
They can decide if your motion should be granted. It’s critical that you are as accurate and thorough as possible to create a strong and compelling case in the eyes of your local family court.
Take your completed form along with the required documentation to the Clerk of Court’s office, sign it before a notary public or deputy clerk, and file it in the county where your child resides. Then, a copy of your motion will be delivered to the judge in person or by email.
If the judge decides that your child is in immediate danger, they’ll schedule an emergency hearing. During the hearing, the parties can present their case and demonstrate why they should have custody. This could result in one of the following outcomes:
A court-ordered child protection order is given in cases of child abuse and neglect.
It’s a process that ensures a safe environment for the child. As such, the court may grant the other parent the right to visit their child under the supervision of a social worker. In some cases, the child may also be removed from their parents’ care and sent to live with other people to ensure their well-being.
In extreme circumstances where there is evidence that the child(ren) is under imminent threat and danger, the court will grant custody to one parent while prohibiting the other from caring for them until a formal court hearing takes place.
The judge will look after the best interests of the child by considering the factors outlined in Florida statute §61.13(3) before granting permanent custody. Hence, it’s important to ensure that your case strong to help the court reach a more informed decision, whether it’s to transfer permanent custody to you or to authorize immediate transfer.
An emergency order is usually temporary, but it does not have a specified end date. It will remain in effect until a permanent resolution is reached.
As such, it will last until the court evaluates the situation during the next court date when both parents will be in attendance and be represented by their attorneys. Based on the evidence presented, the judge will decide whether or not to terminate or modify the order.
Navigating a high-stakes situation like child custody can be harrowing but you can enlist the experience of attorney Michael Fayard to help you achieve the best outcome.
We’ll review your case to get a comprehensive understanding of the situation, help you understand your rights, guide you through the process, and file a well-written petition to help you fight for your children’s best interests.
Contact us or call 941 Law Help today at 941-265-2733 for a free consultation.