How do I get an emergency order of custody?

In Florida, an emergency order of custody can be obtained from a circuit court, county court or family court. To get an emergency order, an individual must file a petition containing the following information: petitioner’s name, the other parent’s name, the minor child’s name and date of birth, and the circumstances that necessitate the emergency order of custody. After submitting the petition, a hearing on the matter will be scheduled. At the hearing, the petitioner must demonstrate that there is an urgent need for an immediate order of custody, such as evidence of parental abuse, neglect, or abandonment. It is important to have evidence of the circumstances that mandate an emergency order, such as medical records, photos, police reports, or eye witness accounts. The court must also determine if an emergency order is in the best interest of the child. This includes taking into account the child’s needs, preferences, and wellbeing. At the hearing, the court will review any relevant evidence and make a decision about the emergency order. If the court grants the emergency order of custody, it will designate custodial authority to either party for a predetermined length of time. This will grant either parent temporary custody rights until a more permanent order can be established.

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