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Emergency custody orders in Florida can be granted when there's reason to believe that a child is being abused, in imminent physical danger, or potentially at risk of being removed from the state.
A court will only grant a temporary emergency custody order if it believes that a child is in immediate danger. Evidence to this effect could include medical records, police reports, eyewitness testimony, and reports from a child protective agency.
How to ask for an emergency order Contact your court or Self-Help Center to get local rules. ... Fill out forms. ... Attach documents to support your request. ... Give the other person notice and serve request. ... Make copies of your forms. ... Submit your forms. ... Pick up the forms from the clerk.
In Florida, you can apply for emergency custody in two ways: with an ex-parte motion or by notifying the other parent. In an ex-parte motion, the judge decides on the petition before the other parent is notified. Ex-parte motions are rare and used only for the most serious cases.
Once you request an emergency custody hearing, you should hear back from the court within 10 days. In most cases, the court will hear from both parties before issuing a temporary order. An emergency order can remain in effect for up to 20 days. Due to the nature of emergency custody orders, courts often work quickly.