If you have concerns regarding the health and safety of your children (or any child with whom you have a close relationship), you can petition the court to issue an emergency child custody order to remove them from a dangerous situation. A Tampa emergency custody lawyer will help you draft and submit your petition and guide you through every step of the legal process.
At Melone Hatley, P.C., our firm has been helping to protect children from harm for more than a decade. Our team of experienced Tampa child custody lawyers is dedicated to the safety of children and will work hard to help you protect your loved ones. Contact us today to set up a free case consultation with a Client Services Coordinator from our firm.
When to File a Petition for Emergency Custody
Most of the time, you will need to present evidence that the arrangement you are proposing is in your child’s best interest for a custody decision to be made. However, for a petition for emergency custody, the usual “best interest” standard is not initially required.
Instead, you must demonstrate that your child is in imminent danger or faces a recognized threat to their physical or emotional well-being in their current situation. If you have concerns about your child’s health and safety while being cared for by their current custodian, contact an experienced Tampa family lawyer as soon as possible.
Your lawyer will take swift action to file the petition for emergency custody with the court as they look to get your child out of a dangerous situation as quickly as possible. Once your child has been removed from the immediate threat following the granting of an emergency custody order, the court will typically set a follow-up hearing to review the situation more comprehensively.
This subsequent hearing will involve a detailed evaluation based on the “best interest” standard to determine if permanent custody changes are necessary and appropriate. The court will explain the process of pursuing permanent custody, considering your child’s long-term safety and well-being.
Types of Emergency Custody Orders in Florida
In Florida, you can file for two types of emergency custody orders, depending on the particular circumstances of your situation.
Ex-Parte Motions
With a successful ex-parte motion, the judge will grant the emergency order without notifying the parent who will be losing custody in advance. Ex-parte motions are only granted in rare cases where the threat presented to the child is severe and immediate.
For example, if there is a high chance that the child will come to immediate harm if the parent with custody becomes aware of the emergency motion being filed, the court may grant an ex-parte motion to remove the child from the threat before creating a dangerous situation.
Similarly, if there is evidence that the parent with custody is likely to remove the child from the jurisdiction to avoid their loss of custody, an ex-parte motion may be granted to prevent them from doing so.
Regular Emergency Motions
In most cases, the court will process an emergency custody motion by notifying the party with whom the motion would remove custody, giving them a chance to respond and present witnesses and evidence before potentially issuing an emergency custody order.
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Jurisdictional Requirements for Emergency Custody Orders
There are a variety of jurisdictional requirements you’ll need to meet in a standard custody case. However, the number of jurisdictional obstacles is greatly reduced when filing for emergency custody.
If the child is physically present in Florida at the time the motion is filed, a Florida court can grant an emergency custody order without considering residency.
For a standard custody ruling, the court must defer to any existing custody orders in effect in the child’s home state under the Uniform Child Custody Jurisdiction and Enforcement Act.
However, a judge has the right to issue emergency orders that temporarily modify those rulings if they believe the child to be at risk.
If you are granted an emergency custody order and would like to make it permanent, you’ll need to pursue permanent custody in the courts of the child’s state of residency.
An Experienced Tampa Emergency Custody Attorney Will Help Prove That Emergency Custody Is Necessary
A successful petition for emergency custody requires that you demonstrate that the child was victimized or faces a serious threat to their well-being in their current environment. Some of the most common circumstances under which emergency custody orders are likely to be granted include cases involving:
- Physical abuse
- Sexual abuse
- Abandonment
- Neglect
When you hire an experienced emergency custody attorney from Melone Hatley, P.C., we will get to work on your case immediately to collect evidence proving abuse occurred or demonstrate a serious threat that the child will likely come to harm.
Our team will submit all the paperwork for your emergency custody motion quickly and argue for the best interest of the child during an expedited court hearing.
Necessary Steps for Making an Emergency Custody Order Permanent
After securing temporary custody, the next step is to determine the long-term best interests of the child. Whether you are pursuing custody for yourself or looking to find another option that keeps the child safe, an experienced emergency custody attorney in Tampa will help you every step of the way.
If your goal is to gain permanent custody of the child, we will assist you in building a strong case, demonstrating that the child will be best served by remaining in your care. We know how sensitive these issues are and will provide you with compassionate support as we help you through this challenging process.
While you may be able to secure emergency custody from a Florida court, permanent custody may require you to file paperwork in another state if the child is not a Florida resident. An experienced Tampa custody modifications lawyer will help you figure out your legal options for filing for permanent custody.
Get Help From an Experienced Emergency Custody Lawyer Serving Tampa Today
When looking to protect your child or another child you care about from a dangerous situation, securing the services of an experienced Tampa emergency custody lawyer is critical. At Melone Hatley, P.C., we are committed to ensuring that children stay safe and that their best interests are protected in all family law matters.
Contact us by phone or through our website to set up a free case review with a member of our legal staff. Also, check out our client testimonials for a better idea of the type of service we provide to our clients.
