What Is Temporary Emergency Child Custody?

Sometimes, a child is not safe with their current parent/guardian. During situations of this sort, temporary emergency child custody is both a valid option and a necessary one.

 What Is Temporary Emergency Child Custody? 

Temporary emergency child custody is a court order that Florida judges can grant if there is sufficient evidence to suggest that a child’s safety is at risk. Just as the name suggests, emergency child custody is temporary and, as such, will only last until a formal hearing can take place.

A successful claim will allow a parent to be granted temporary custody of their child. By being given temporary custody of their child, they can keep their child safe until a formal custody hearing can occur.

 When Can Temporary Emergency Child Custody Be Granted? 

A variety of circumstances can lead to temporary emergency child custody being granted. Some of the most common circumstances of this sort are as follows:

• A credible threat of child abduction is present.
• The child is being abused.
• The child has been abandoned.
• A parent/guardian has threatened violence against the child.
• The child is living with a parent who has a severe substance abuse issue.

Outside of the circumstances outlined above, temporary emergency child custody can be granted. But, as a general rule, the majority of circumstances that allow for temporary emergency child custody to be granted involve some form of the above.

 How Can A Parent Obtain Temporary Emergency Child Custody? 

A parent can obtain temporary emergency child custody by proving that their child is:

• Being harmed.
• Under the threat of being abducted.
• In imminent danger.

Every single one of these circumstances can lead to temporary emergency child custody being granted.

Right before temporary emergency child custody can be granted, though, the parent must prove that one of the circumstances above is taking place.

For a parent to accomplish this, they must develop a motion for temporary emergency child custody. To ensure that this motion is well-written and effective, it is best to hire a lawyer.

Right after a judge looks at this motion, they may grant an emergency hearing. The results of this hearing will determine whether or not temporary emergency child custody is granted.

To prove the validity of their claims, a parent must provide evidence. Some examples of the types of evidence that can, and should, be provided, are as follows:

• Photographs
• Written Correspondence
• Audio Recordings
• Personal Testimony
• Previous Claims

Every type of evidence outlined above can be used to prove the validity of a specific claim. By providing this evidence, and backing the validity of a claim with this evidence, a judge can determine whether or not a “temporary emergency order” should be granted.

A failure to provide the necessary evidence will lead to the request for temporary emergency child custody being denied. But, even if the temporary emergency child custody request is denied, the other parent will not be notified of the fact that this request was made.

Speak With A Tampa Family Lawyer Today 

Sometimes, a child is unsafe with their current parent/guardian. When this is the case, a temporary emergency child custody is both valid and necessary.

Speak with a Tampa family lawyer today. We will assist you in achieving the best possible legal outcome. 

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.517.html

law.cornell.edu/wex/child_custody