Emergency Child Relocation in Florida
Relocating a child in the event of an emergency may be necessary. If you are facing an emergency situation, you can seek an emergency, ex parte order from the court for custody.
When parents of a child are married, they both have parental rights and responsibilities related to their shared child. If parents are divorced, then they must follow the court’s orders related to child custody, care, and time-sharing. Of course, there are situations when married or divorced, a parent may feel the need to relocate their child in an emergency. In order to do so, they may require permission from the court. If you have questions about emergency child relocation, connect with our Florida family lawyer at The Law Offices of Robert Stepniak.
What is an Emergency Order?
An emergency order is a temporary order that is issued by the court when a true emergency exists and quick intervention by the court is necessary. These orders are often referred to as ex parte orders, as they are both temporary and do not follow the normal level of due process. Indeed, an ex parte, emergency order can be issued without a hearing and without the other parent having a chance to present their case.
What is Considered an Emergency?
Emergency orders related to child custody and the right of one parent to relocate the child are only issued when there is truly an emergency and should not be used in place of the regular process for determining parental rights and responsibilities. Examples of emergency situations that may warrant an ex parte order include:
- Child abuse or neglect;
- Domestic violence;
- A threat being made to abduct the child;
- Abuse of illicit substances by a parent responsible for the child’s care; or
- Any other serious circumstances that could put the safety and wellbeing of the child in danger.
Note that you can also file an “emergency verified motion for child pick-up order,” which requests that law enforcement take your child(ren) from the party who currently has physical possession of the child(ren) if you are a person who has a pre-existing legal right to physical possession of a minor child.
How to File for an Emergency Order
If you need to file for an emergency order related to the custody or relocation of your child, the first step should be to consult with an experienced attorney who can advise you of your rights. From there, you will need to access the proper forms, fill them out in full, and file them and appear before a court. Remember, an ex parte order does not require a full hearing, but an emergency hearing that does not require that the other parent be notified or present.
Contact The Law Offices of Robert Stepniak Today
There are few family law issues more emotional and challenging than those involving children. If you have questions about emergency child relocation and your rights as a parent, please call Attorney Stepniak today for the legal counsel and representation you can trust. Reach the law office online or by phone at your convenience.