This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree because of cohabitation by dependent spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Affidavit Motion Amend For Emergency Ex Parte Order In Miami-Dade
Category:
State:
Multi-State
County:
Miami-Dade
Control #:
US-00003BG-I
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FAQ
Insufficient Evidence: The court requires compelling evidence to grant emergency custody. While you mentioned having videos, pictures, and text messages, the court might have found the evidence insufficient to demonstrate an immediate threat.
The affidavit usually contains information about the parent-child relationship, the parent's capacity to meet the child's emotional and physical needs, the child's medical and educational background, and any other pertinent information that could aid the court in determining the child's custody.
What are the key factors to emphasize in a letter to a judge for child custody? Take an active role in your child's life. Demonstrate that you have tried to co-parent with the other parent. Demonstrate your plans for the child, including school and extracurricular activities.
Determine what emergency motion works best for your situation. Florida courts generally grant two types of emergency motions: ex-parte and regular emergency motions with notice to the other side. An ex-parte emergency motion is filed and sent directly to the judge without informing the other party.
The emergency petition for custody must include a signed affidavit that states the child is in imminent danger of harm and should include documents or evidence that support the claim. The more thorough and solid the evidence, the more likely the judge will be to grant the emergency motion.
You go to the local courthouse and file a petition for an emergency custody order and you speak to a judge who will make a decision as to whether there's a cause for an emergency custody hearing.
Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child's other parent may not be in attendance to present their side.
Under Florida Statute 61.534, an emergency custody order can be issued when a child is likely to: Suffer serious and imminent physical harm, or. Be removed from the state.
Determine what emergency motion works best for your situation. Florida courts generally grant two types of emergency motions: ex-parte and regular emergency motions with notice to the other side. An ex-parte emergency motion is filed and sent directly to the judge without informing the other party.