Law Office Of Paulette Hamilton Divorce Lawyers | April 8, 2025 | Child Custody Cases in Orlando
Concerns over the custody of your child can be incredibly distressing, especially if you are worried for their safety. While the legal system is rarely known to work quickly, if you have verifiable concerns for your child’s safety in Florida, you may be able to get an emergency custody hearing and temporary custody order pending a more thorough investigation.
What is an Emergency Custody Hearing in Orlando, Florida
An emergency custody hearing is one that is scheduled within a few days rather than waiting weeks or sometimes months for a standard modification or initial order. This status is reserved for dire or emergent situations, and the motion to schedule it must come with sufficient support for the need for an immediate hearing.
Relevant factors are those that indicate a child’s well-being is imminently threatened and may include:
- Abandonment
- Threats of abuse
- Actions of abuse
- Abuse of a sibling or parent in the home (domestic violence or other instances of child abuse)
- A mental health crisis affecting the ability to care for the child
- Dangerous living conditions
- Allegations of sexual abuse
- Criminal activity in the presence of the child
- Substance use
At this hearing, the judge will exercise temporary emergency jurisdiction and may grant a temporary custody order. An emergency hearing ensures the child’s immediate safety while the situation is investigated fully. It is not meant to be a faster means of modifying a custody order.
Notifying the Other Parent of an Emergency Hearing Request
It is reasonable to assume that the other party may not be agreeable if you have decided to file an emergency custody hearing. However, unless the parents’ rights have been terminated, they have a right to know about hearings regarding the custody of their child. Therefore, the legal standard is to notify the other parent whether or not they are the custodial parent.
However, when there is a valid concern that the other parent’s knowledge of the hearing may pose a danger to the child, the judge may allow an ‘Ex-Parte’ hearing, which occurs without notifying the other parent. The limited conditions in which this may be granted include evidence of an imminent threat of physical abuse or fleeing the state with the child if the parent is notified.
What to Expect From an Emergency Custody Hearing
At the time of the hearing, the judge may grant a temporary custody order. Custody may be granted to the other parent, a safe family member, a friend, or the Florida Department of Children and Families (FDCF).
The duration of the custody order can vary but will typically stand until a final determination is made regarding the child’s safety.
Some of what the judge may request to make this determination can include:
- Educational records
- Medical records
- Psychological evaluation of the parent or child
- Testimony from police
- Statements or testimony regarding history with FDCF
- Child testimony
- Examination of photo evidence
Following the emergency hearing, the judge may schedule another court date in the future to allow parties to schedule and undergo evaluations and gather records if necessary. The court may also appoint a guardian ad litem to act on the child’s behalf if the child does not already have one.
The Child’s Best Interest
Florida courts prioritize the child’s right to safety first. Ideally, that includes keeping them connected with their family and respecting the rights of parents and guardians, but the law allows for accommodation to act in the child’s best interest.
Therefore, the complainant must provide convincing evidence that the other party is unfit to be a parent and poses a threat to the child, as well as evidence that they are the most appropriate.
Take Immediate Action to Protect Your Child
Gaining emergency custody in Orlando, Florida is a stressful and complex situation. Family conflict is an emotionally taxing and uniquely challenging situation. If you are worried about the safety of your current custody arrangement, don’t leave your child’s well-being to chance. Take action to explore the legal options available to you and how you can best protect your child.
Contact our Child Custody and Divorce Lawyers at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
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Law Office Of Paulette Hamilton Divorce Lawyers