Filing A Motion For Temporary Orders In Miami-Dade
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If one parent is temporarily unable to care for a child due to circumstances such as illness or extended work obligations, either parent can request the court issue a temporary order to redefine each parent's right to custody until both parents are again able to fulfill their custody obligations.
Temporary custody in Florida is an arrangement for a trusted third party to have parental rights for a limited period. While it's preferred, parental consent isn't required for a court to grant temporary custody in Florida.
Temporary reliefs require a special hearing that provides an impermanent solution based on the circumstances and are typically resolved through settlement negotiations or mediation. When a judge grants a motion for temporary relief, the order will only remain in effect until the formal proceedings are completed.
In most states, you will need to file: an application for order to show cause. a supporting declaration that relays your reasons for the request. a proposed temporary order and. a proof of service.
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.
To modify the order, you must show the judge there is an issue that cannot wait to be resolved at trial. These matters include such issues as child endangerment or a parent violating the terms of the order. To modify temporary custody orders, you will need to include your reasoning for filing a motion to modify.
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.
Filing for Temporary Custody: To file for temporary custody in Florida, one needs to petition the court, providing necessary information about the child, the petitioner, and the reasons for seeking custody.
The emergency motion must show (1) how and why the giving of notice would accelerate or precipitate the injury or (2) that the time required to notice a hearing would actually permit the threatened irreparable injury to occur.
While the court could set an end date in some cases, there is generally no expiration date for the temporary custody order. The temporary custody may end when the extended family member voluntarily relinquishes custody back to one or both parents or the parents petition the court to end the temporary custody order.
