Whether separating from your spouse or protecting your child from danger, filing for temporary custody can be critical. The process of granting temporary custody can be fast-tracked in emergencies. An experienced temporary custody lawyer in Tampa can help guide you through the legal process.
At Melone Hatley, P.C., we know how important a temporary custody order can be for ensuring the safety and well-being of your child. Our experienced team of Tampa child custody lawyers will work with you as your partner and ensure all the legal requirements are met. Contact us today to set up a free case review with a Client Service Coordinator.
What Is a Temporary Custody Order?
A temporary custody order, which may also be called a “temporary injunction,” is typically issued to a parent, guardian, or another relative who the court determines can best care for the child during a particular period. The most common cases in which temporary custody orders are granted include during the separation of spouses before a divorce and in any case where there are extraordinary circumstances. A trial court may not only enter an order temporarily modifying custody of a child, but may do so without affording prior notice to the opposing party. However, such an order requires an emergency situation, such as where a child is threatened with physical harm or is about to be improperly removed from the state.
Whatever your situation, an experienced Tampa family lawyer can help ensure your rights are protected throughout the process.
Temporary Custody During Separation
While Florida does not require a separation period to grant a divorce, it can still take a long time to finalize the terms of your divorce after you or your spouse file the required paperwork to start the process. During this time, it is important to have clarity regarding the custody of your children. Consulting with an experienced Tampa temporary custody lawyer can help you through the child custody legal process.
You can establish a temporary custody arrangement by speaking with your spouse and signing a temporary parenting plan. A temporary parenting plan lays out the default rules that the parties will follow with regards to communicating with the children, exchanging the children, and who will have timesharing with the children. Alternatively, if you are unable to agree on custody, you can petition the court to issue a temporary custody order.
When filing for a temporary custody order, hiring a temporary custody attorney in Tampa is critical. If the order is not challenged and the opposing party fails to participate in the hearings, it may become permanent.
Your lawyer will ensure your rights are protected and give you the best chance at a positive outcome.
Temporary Custody on an Emergency Basis
If your spouse has partial or full custody of your child and you believe they pose a direct or indirect threat to their safety, your best option is to file for an emergency order. This order can grant you temporary custody to get your child out of harm’s way as soon as possible.
When filing for an emergency order, also known as ex-parte orders, the court will evaluate the merits of the petition quickly, ensuring a ruling that will consider the safety of your child. You need a skilled Tampa temporary custody lawyer by your side during what is typically a stressful time for the child and adults involved.
The issuance of such an order requires compliance with Florida Rule of Civil Procedure 1.610(a),2 which provides:
(1) A temporary injunction may be granted without written or oral notice to the adverse party only if:
(A) it appears from the specific facts shown by affidavit or verified pleading that immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and
(B) the movant’s attorney certifies in writing any efforts that have been made to give notice and the reasons why notice should not be required.
There are a variety of circumstances that could lead a judge to grant an emergency custody order to ensure the best interests of the child, including:
- Immediate danger or harm
- Abduction and removal from the state
- Risk of sexual abuse
Immediate Danger or Harm
If your former spouse is abusing your child in any manner, it can be grounds to seek an emergency custody order. The abuse does not have to be physical to qualify, as mental or emotional abuse can also harm your child. However, such harm must rise to such a level that the Court finds an emergency exists.
Additional threats can come from another party brought into your home by your ex-spouse or if drugs or alcohol begin being abused.
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Abduction and Removal From the State
The initial “order” entered by the trial court provides ex parte relief (Relief without a hearing where both parties have an opportunity to present evidence) in the form of a temporary modification of custody and a temporary injunction prohibiting the removal of the children from the jurisdiction of the court.
If your spouse leaves the state with your child outside of your custody order and without your consent, an emergency order can be granted. In addition to potentially losing any custodial or visitation rights they may have had, the offending parent may also face criminal charges for parental kidnapping or abduction.
Risk of Sexual Abuse
Sexual abuse of a child is one of the most heinous crimes, and the court will act quickly to remove a child from any situation where this threat exists. If your former spouse or a party brought into the home poses a threat to your child, you should file for emergency custody immediately.
How a Temporary Custody Lawyer Serving Tampa Can Help You Petition the Court
If you are seeking temporary custody of your child for any reason, you will need to submit a petition to the court. To file for temporary custody, you will need to issue an affidavit that explains all the relevant information about your situation. The judge will review your sworn statement when making a determination.
When filing an emergency motion, the judge may grant temporary custody immediately without waiting for a response from the other party. However, temporary custody orders also schedule and provide notice of a prompt evidentiary hearing on the issues raised. These prompt hearings can often lead to difficulties in collecting evidence and being prepared to present that evidence to the Court.
An experienced temporary custody attorney in Tampa will be able to help you through every step of the process and build a strong case on your behalf.
Get Help From an Experienced Temporary Custody Attorney Serving Tampa Today
Whether you are petitioning for temporary custody or fighting a temporary custody motion filed by your ex-spouse, be sure to secure the services of an experienced Tampa temporary custody attorney. At Melone Hatley, P.C., our Tampa temporary custody lawyers can help protect your rights and aggressively pursue your goals in any custody battle.
Contact us today by filling out our online contact form, using the chat tool on this site, or giving us a call to schedule your free case evaluation.
