Protecting And Taking Care Of You

What are emergency custody orders?

On Behalf of | Mar 21, 2025 | FAMILY LAW - Child Custody

In Florida, emergency custody orders help protect children in dangerous situations. These court orders grant temporary custody to a parent or guardian when a child’s safety faces an immediate threat. The process moves quickly to provide protection, but the court requires strong legal grounds.

When do courts grant emergency custody orders?

Courts grant emergency custody orders in cases involving abuse, neglect, abandonment, or exposure to serious harm. If a parent struggles with substance abuse, has a history of domestic violence, or engages in criminal activity, a judge may issue an emergency order. The person requesting custody must present evidence proving the child faces immediate danger.

How do you request an emergency custody order?

To request an emergency custody order, you must file a petition with the court. The petition should include specific details about the danger the child faces, along with supporting evidence. If the situation requires urgent action, the judge may hold an emergency hearing without notifying the other parent. When the judge grants the order, law enforcement may assist with enforcement.

What happens after the court grants an emergency custody order?

An emergency custody order remains temporary and lasts until a full court hearing takes place. At that hearing, both parents present evidence, and the judge decides on a long-term custody arrangement. If the initial concerns no longer pose a threat, the court may return custody to the original parent. If the danger persists, the judge may modify custody permanently.

Ensuring a child’s safety

Emergency custody orders protect children from immediate harm. Courts take these requests seriously and require strong evidence before issuing them. A follow-up hearing ensures the decision serves the child’s best interests.