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February 21, 2025 5:13 pm
I really need some advice on how to get emergency custody in Florida. My ex and I share custody of our 6-year-old daughter, but I have serious concerns about her safety.
Over the past few weeks, my daughter has been coming back from visits with bruises, and she’s been unusually withdrawn. She finally told me that her other parent’s new partner has been yelling at her and even grabbed her arm too hard. I reported it to CPS, but I’m terrified that something worse could happen before the investigation is complete.
I need to know what steps I can take right now to get emergency custody and keep my daughter safe. Has anyone been through this in Florida? What do I need to file, and how quickly can it happen? Any advice would be greatly appreciated!
Hi there,
I’m so sorry you and your daughter are going through this. In Florida, you can request an emergency custody order if your child is in immediate danger. Based on what you described, you may have strong grounds to file.
Steps to Get Emergency Custody in Florida:
- File a Motion – Submit an Emergency Verified Motion for Child Pick-Up Order at your local court.
- Provide Evidence – Include photos, medical reports, CPS records, or witness statements.
- Complete Required Forms – You’ll need a UCCJEA Affidavit (for custody history) and possibly an ex parte motion if notifying your ex would put your child at greater risk.
- Court Review – A judge may grant temporary emergency custody, followed by a hearing where both sides present their case.
Key Considerations:
- Act quickly – Your child’s safety is the priority.
- Document everything – Keep records of injuries, reports, and communications.
- Legal help is recommended – While you can file on your own, an attorney can strengthen your case.
Stay strong, and I hope you get the protection your daughter needs.
March 3, 2025 5:26 pm
Thank you so much for the detailed response. I really appreciate it. I have a follow-up question:
When filing for emergency custody in Florida, how long does it typically take for the court to review and make a decision? I’m worried about the timeframe because I want to make sure my daughter is safe as soon as possible. Also, if the judge grants temporary emergency custody, how long does that usually last before a full hearing is scheduled?
I understand how urgent this situation is, and I’m here to help clarify what you can expect during the emergency custody process in Florida.
Court Review Timeline:
Once you file for emergency custody, the court will review your request as quickly as possible. In urgent cases like yours, the judge typically reviews the motion the same day it is filed to assess the immediate risk to your child.
Temporary Emergency Custody:
If the judge grants temporary emergency custody, this order will remain in effect until a full hearing can be scheduled. Typically, a full hearing takes place within 1 to 2 weeks after the temporary order is granted.
It’s important to act as quickly as possible to ensure your daughter’s safety, and with emergency custody, the courts understand the urgency and will typically move fast. If you have more questions or need further help, I recommend speaking with a lawyer who can assist you through this process.