Motion For Emergency Custody Form For Florida

State:
Mississippi
Control #:
MS-61847
Format:
Word; 
Rich Text
Instant download

Description

The Motion for Emergency Custody Form for Florida is a legal document designed to request an urgent court hearing concerning the custody of a minor child. This form is crucial when there are immediate concerns about the child's safety or well-being, allowing the court to expedite the custody process. Key features include the need to detail the child's current living situation, the reasons for seeking an emergency custody order, and the required supporting documentation. Users should fill out the form with clear information regarding the parties involved, including their relationships to the child. Instructions emphasize the importance of providing thorough justification for the emergency request to enhance the likelihood of a favorable court outcome. The form is typically used by attorneys, paralegals, and legal assistants when representing clients in custody disputes. It serves as a vital tool for ensuring the child’s immediate needs are addressed, making it essential for legal professionals to understand its proper use and implications.
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FAQ

An emergency motion is a motion that is presented in court without the normal requisite notice. It is a special motion used for considering a decision quickly in order to avoid irreparable harm.

Two Types of Motions For Emergency Custody in Florida Ex-Parte Motions. An ex-parte emergency motion is filed and sent directly to the judge without informing the other party. ... Regular Emergency Motions With Notice to the Other Side. The second type of emergency motion is a normal one with notice to the other party.

Florida Laws On Emergency Motions For Custody As stated in Florida Statute § 61.534, for the court to issue an order granting a parent or petitioner the ability to secure emergency custody of a child, the court must first determine that the child is likely to suffer physical harm or be removed from the state.

An Emergency Motion for Child Pick Up Order Florida must be verified (the person asking the court for the return of his or her children must have the papers notarized under oath).

Complete Family Law Form 19.941(d). Your attorney will know how to prepare your petition, what information you'll need to complete it, and how to draft it so that a judge is likely to grant your request. File your request for emergency custody with your local family court.

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Motion For Emergency Custody Form For Florida