This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Emergency Motion To Return Child With Autism In Broward
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State:
Multi-State
County:
Broward
Control #:
US-000277
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Word;
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FAQ
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.
Florida Laws On Emergency Motions For Custody Under this statute, "if the court, upon the testimony of the petitioner or other witness, finds that the child is likely to imminently suffer serious physical harm or removal from this state, it may issue a warrant to take physical custody of the child.
In most cases, a petition will be filed with the court, and the other parent will have the opportunity to respond in court. To file for immediate physical custody of a child, one of the parents must believe there are grounds for the court to take immediate action to remove the child from the other parent's custody.
Legal Grounds for Filing an Emergency Custody Order Child Abuse or Neglect. Risk of Child Abduction. Other Immediate Harm or Danger to the Child.
So what constitutes an emergency motion? Examples of circumstances that may support emergency relief include the following: Allegations of child abuse, neglect, or spousal abuse. Credible threats to remove a child from the residence, school, state, or country.
You must file the motion at the clerk of the county court where the case was filed and deliver a copy to the judge that ordered the writ. The judge is the only one who can stop the sheriff from putting you out.
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 thing to do is file an emergency petition with your court. If the family court judge determines that an emergency truly exists, then a judge will probably be able to give you relief much more quickly than a judge would give you on a normal case where an emergency doesn't exist.
(After hour filing emergencies include, but are not limited to: need to seal filings on the public docket, correction of critical filing errors, requests for law enforcement warrants, motions for seizure of property, etc.)