Custody arrangements are often among the most contentious and emotionally impactful aspects of any divorce. However, circumstances change and the custody arrangements initially established may not be appropriate indefinitely.
In some instances, one parent may feel that a situation has arisen that is so serious that custody changes can’t wait until usual modification procedures are completed. Particularly if a child’s safety is in jeopardy, every second counts. This is where filing for emergency custody becomes an option.
Let’s take a closer look at what emergency custody is, what circumstances it’s typically used for, and the steps parents in Florida need to take to pursue it.
What is Emergency Custody in Florida?
Before we get into the practical aspects of filing, it’s important to get a solid understanding of what emergency custody is, from the perspective of the Florida family court system. An experienced Florida family law attorney will provide you with more complete guidance, but there are a few key characteristics it’s worth knowing.
It’s Temporary
Emergency custody orders are designed to be temporary. They tend to give one parent or guardian short-term sole custody over the child, with full responsibility for their care and key decision-making. In most cases this provides an opportunity to ensure the safety and well-being of the child until a formal investigation or hearing is complete. It is not intended to be a long-term solution to parenting disputes or scheduling disagreements.
It’s Usually Fast
Naturally, a child’s safety is a priority for Florida family courts. It wouldn’t be appropriate to expect a child to keep living in unsafe or unsuitable conditions until months or even years of filings, hearings, and mediation have been completed. In many cases, emergency custody arrangements can be implemented in a matter of days.
It Must be Supported by Evidence
An emergency custody order is not something the Florida family courts take lightly. After all, it can drastically alter the child’s relationship with their parents in some circumstances. Therefore, judges in these cases will scrutinize such petitions to ensure that the reasons for filing are genuine, that the need for change is urgent, and that claims regarding threats to a child’s safety are backed by evidence.
Evidence takes many forms, from traditional documents to text messages and witness accounts. An attorney can help you identify effective supporting items.
When Is Emergency Custody Necessary?
The Florida family courts don’t issue emergency custody arrangements for all potential situations. There must be a clear risk to the child’s well-being that requires immediate legal intervention.
Some of the common reasons courts agree to petitions for emergency custody include:
- Physical or emotional abuse – There is evidence that a parent or other member of the household has been subjecting the child to physical or emotional abuse.
- Substance abuse – A parent has developed a substance abuse problem that is so severe that it is affecting their ability to effectively care for their child.
- Neglect – There is evidence that the child has been living in unsafe conditions as a result of parental neglect. This might include lack of access to sufficient nutrition, being left unsupervised for long periods, or not being provided with necessary medical care.
- Domestic violence – Even if the child is not personally being subjected to physical or emotional abuse, their regularly witnessing and living amongst it can be a cause for emergency custody.
- Violated custody arrangements – If a parent has violated an existing custody order or is otherwise attempting to prevent the other parent’s contact with a child, emergency custody may be sought.
This isn’t an exhaustive list of reasons emergency custody could be granted. There are various potential triggers. The most important thing to remember is that the situation must present an immediate risk to the child that is supported by facts and evidence.
What are Florida’s Legal Standards for Emergency Custody?
The standards that judges in the Florida family court system apply to emergency custody considerations are—understandably—quite high. From a legal perspective, Florida Statute §61.13 provides the court with the authority to take appropriate action if the child is in immediate danger or one parent has attempted to prevent the other from having access to the child in line with the custody order.
However, it’s important to understand that in order to meet the criteria, petitioners need to support their applications with credible evidence. This can include:
- Sworn affidavits outlining the circumstances
- Police reports or arrest records
- Medical records that document the child’s injuries
- Photographs that document unsafe conditions
- Witness testimony from third parties, such as teachers, neighbors, or relatives
What is the Step-by-Step Process for Filing?
Following the correct procedures for an emergency custody petition is essential to not just a successful outcome, but also minimizing delays. Certainly, an experienced Florida family law attorney is an invaluable collaborator here. Nevertheless, the key steps for filing include the following.
Preparing the motion
The petitioning parent—often in collaboration with a lawyer—must prepare an emergency motion for temporary custody. There are two types of motions here:
- Ex parte emergency motion – This involves petitioning the court for emergency custody without notifying the other party. It’s usually used when there’s potential to further risk the child’s well-being if the other parent becomes aware of the pending case.
- Standard emergency motion – This type of petition involves notifying the other party, enabling both to present their respective cases.
In both instances, preparation will involve clearly outlining the reasons emergency custody is being sought and gathering all relevant supporting evidence.
Filing with the circuit court
The petition and all relevant evidence will typically be filed with the circuit court in the area the child resides. When either parent lives out of state, this can complicate matters, but the courts will refer to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to establish where the most relevant authority is.
Review and hearing
A judge will perform a comprehensive review of the motion. This will usually be to establish whether the circumstances and evidence are sufficient to warrant considering emergency custody. From here, the judge might immediately issue a temporary custody order in favor of the petitioner, deny the motion outright, or schedule an emergency hearing.
Order issued
If the circumstances and evidence show that it is in the child’s best interests to award emergency sole custody to one parent, the judge will issue an order. In some instances, this will include certain caveats, such as supervised visitation for the non-custodial parent or mandatory counseling.
Full custody hearing
Emergency custody orders are only temporary. Following issuing an order, the court will schedule a full custody hearing, often within the space of weeks. This is to ensure a complete review of the circumstances and evidence, giving both parents an opportunity to present their cases, before outlining long-term arrangements.
Wrapping Up
Emergency custody changes are an option only when your child is facing immediate threats to their well-being. Collaborating with an experienced professional is key to taking those urgent steps to protect your child.
Similarly, if this tactic is being used against you unnecessarily, solid representation helps to maintain your custody rights and—most importantantly—relationship. Our dedicated attorneys have spent years helping men like you in Florida to effectively navigate emergency custody cases to ensure the most positive outcomes, no matter what the unique circumstances are.
