Emergency Child Custody

The Florida legislature recognizes that custody actions can be contentious and complicated and strives to maintain parties’ right to due process in custody actions. In other words, generally, the law ensures that parties to custody actions have notice of hearings and an opportunity to voice their positions. In some instances, though, the courts will find it necessary to issue emergency child custody orders to protect a minor child. If you have questions about emergency child custody orders and whether one may be appropriate to address your current situation, it is smart to confer with an attorney as soon as possible. Attorney Sandy T. Fox is a capable Miami child custody lawyer who understands that some custody disputes require expedited proceedings, and if you hire him, he will advocate aggressively on your behalf. Mr. Fox is a Florida Bar Board Certified Specialist in Marital & Family Law, and he often represents people in Miami custody cases.

If a parent or guardian believes that there is an immediate risk to their child’s safety or well-being, they can seek an emergency custody order. According to the Florida Statutes, the courts have temporary emergency jurisdiction to issue custody orders in cases where it is necessary to protect a child.

The grounds for granting such orders include situations of abuse, neglect, or abandonment by a parent or guardian, which pose a direct threat to the child's safety and well-being. Additionally, if there is a credible threat of imminent harm, such as domestic violence or substance abuse by a parent, or a risk that a parent may abduct a child, the court may intervene.

In order to obtain an emergency custody order, the concerned parent or legal guardian must file a petition for emergency custody with the family court. This petition should include a detailed explanation of the circumstances that warrant an emergency order, such as evidence of abuse, neglect, abandonment, or any imminent danger to the child. Supporting documents, like police reports, medical records, or witness statements, should also be attached to substantiate the claims.

Once the petition is filed, the court will review the case to determine if there is sufficient cause to grant an emergency order. This review can occur ex parte, meaning the court may issue a temporary emergency child’s custody order without notifying the other parent if the child's immediate safety is at risk. The temporary order typically includes provisions to protect the child, such as transferring custody to the petitioning parent, setting temporary visitation terms, or issuing restraining orders against the other parent.

Following the issuance of the temporary emergency order, the court will schedule a follow-up hearing, usually within a few days. At this hearing, both parents have the opportunity to present evidence and arguments. The court examines all the presented information to decide whether the temporary order should be extended, modified, or terminated. The judge's main focus in making its decision is what is in the child's best interests when considering factors like the severity of the risk, the child's well-being, and the potential for future harm.

In any family law case involving a minor child, the court’s primary concern is what is in the child’s best interest, which, in some instances, requires the issuance of an emergency child custody order. If you need assistance with a dispute over parental rights or obtaining an order that is necessary for the protection of a child, it is critical to confer with an attorney. The seasoned Miami child custody attorneys of the Law Offices of Sandy T. Fox, P.A. can evaluate the facts of your case and advise you of your options for ensuring your child’s safety and protecting your parental rights. Our office is located in Miami, and we regularly help people protect their parental rights in custody cases throughout the city. You can reach us at 800-596-0579 or via our online form to schedule a free and confidential meeting.