If you are a parent or guardian who believes that your child is in danger with the other parent, filing an emergency custody order is the best course of action to ensure your child’s safety. Knowing what to expect can make this stressful situation a little easier and will help ensure the best possible outcome for the child.
If you are a parent seeking the motion for emergency hearing in Florida and want to know what will happen, we have you covered. We will go over the process of an emergency custody hearing in Florida so you understand what will happen.
After filing an emergency custody order in Florida, a judge will review your emergency custody order. After carefully reviewing the order, the judge will determine whether there is an immediate threat to the child’s safety and well-being. The evidence you present to the judge must adequately demonstrate the immediate risk and danger, showing serious neglect.
If the judge finds merit to your case, they will issue a temporary emergency custody order. This order will likely be put into effect immediately, and will remain in effect only until the full hearing. Once the court schedules a formal hearing, both parents will be present and will have the opportunity to present their cases to the court.
As this is an emergency custody hearing, the court will try to resolve it as quickly as possible. It is possible that the process, from the initial filing to the final decision, could take less than a month.
How to Prove Immediate Danger in Emergency Custody Cases
Providing evidence of the immediate danger your child may be in can help your emergency custody order, Florida. Here are a few ways you can prove the immediate danger your child may be in during your case:
- Medical Records—Having medical records that show evidence of abuse or neglect can help in providing evidence of immediate danger to your child’s health or well-being to the court.
- Police Reports—If law enforcement has been contacted in regard to your child’s safety, you’ll want to gather police reports, as it will serve as evidence in court.
- Witness Statements—Having people testify that they have witnessed abuse or neglect can definitely help. People like teachers, counselors, or neighbors can help affirm the emergence of the situation.
- Messages or Emails—If you have emails or text messages that show neglect from the other parent, providing that in court can provide evidence of the immediate risk to your child.
- Financial Records—It may not always be needed, but having financial records that show the instability of the other parent may help as evidence demonstrating the insecurity your child lives in.
These methods of evidence will help prove the immediate danger your child may be in, helping you secure your child’s safety. Contacting a Family Law attorney is the best course of action to ensure your child’s safety, providing the help you need in navigating the legal process and provides you with peace of mind knowing you and your child are in good hands.
Contact a Family Law Attorney Today
If you are a parent and believe your child is in immediate danger with the other parent, filing for an emergency custody order can help secure their safety. After filing, a judge reviews your case to assess if the child is at risk, a temporary custody order will be issued. This temporary order stays in place until a full hearing is scheduled, where both parents can present their cases. Evidence like medical records, police reports, and witness statements can strengthen your case. The process usually moves quickly, potentially resolving within a month.
Having a family law attorney can help you navigate the process and protect your child’s well-being. If you have questions about filing a motion for emergency custody order in Florida, Sean Smallwood Orlando Divorce & Family Law is here to help. Their team is able to help walk you through your options, and will guide you through the process of filing an emergency custody order in Florida. Contact Sean Smallwood Orlando Divorce & Family Law today to learn more!
