Emergency Motions & Temporary custody orders are typically entered when a couple separates. Divorce is a legal process that can take months or even years to finalize, and some issues must be decided right away for the sake of any minor children involved. These orders will last until a permanent order is entered or facts in the case change.
Temporary placement of a child, temporary custody orders, restraining orders to prevent domestic abuse, and orders to prevent the removal of minors from Florida may all be issued on a temporary basis until the parties can get through mediation or the divorce process and everything is finalized.
A temporary custody order may be entered after an emergency motion hearing, or it may be part of the normal court process, depending on the exact situation and circumstances. If there is a risk of physical, mental, or emotional harm to the child, if the parent wants to remove the child from Florida, or if there is domestic abuse then an emergency motion should be filed.
Family law can be extremely complex, and there is a lot at stake when custody of minor children are involved. Spousal support, child support, co-parenting, and other issues may be related to custody. If you and the other party can agree then this is put in writing, signed by both parties, and approved by the family law court.
If both parties can’t agree then the judge in the case will hold a hearing and listen to both sides before making a decision that is legally binding. Even when everyone agrees it is not uncommon for one party to change their mind later on. An experienced family law lawyer in Jacksonville, Florida should be consulted to make sure that your interests are looked after during this process.
When it comes to custody and minor children it is better to take care of these issues as soon as possible, and temporary custody orders can help do this until everything in the case can be decided on a permanent basis.
Even if you and the other party are getting along and in agreement, this could change quickly. Divorce can start out amicable and then turn nasty, and at this point the complications caused can be considerable.
Call Sacks and Sacks Family Law Firm today at (904) 399-0970 and find out what your rights are, and whether a temporary custody order or emergency motion for custody change would benefit you. The initial consultation is free and our law office has helped thousands of clients get the outcome that they want and deserve!
“Family Court Decisions: Temporary Orders.” family.findlaw.com https://family.findlaw.com/divorce/family-court-decisions-temporary-orders.html Accessed 10 August 2020.
“Temporary Custody Orders.” .justia.com https://www.justia.com/family/child-custody-and-support/child-custody/temporary-custody-orders/ Accessed 10 August 2020.
Florida Statute 39.201 mandates certain alleged abuses shall be reported to the Abuse Hotline at 1-800-96-ABUSE. The moving party shall so report in writing any such alleged abuse and attach a copy of the report to a written emergency motion, which shall be signed and filed by the moving party.