Florida Courts Set High Standard for Emergency Custody Hearings

One of the issues that very often comes up is whether a situation regarding timesharing and a minor child has risen or rises to the level of an emergency or not. Having practiced as a child custody lawyer in Tampa Bay and specializing in Florida Family Law for over 30 years, it’s a very difficult decision to make. The family courts in Florida set a very high standard before a matter regarding your minor child(ren) is considered to be an emergency.

How an Emergency is Assessed by Our Family Law Attorneys

Our attorneys perform an analysis in order to assess whether something has risen to the level of an emergency or not. There is case law in the state of Florida that is helpful in defining an emergency as it relates to timesharing (custody) and your minor children. Typically, and unfortunately, an emergency is considered when the child is in danger of harm or by being removed from the state or if a parent does not know where their children are located.

Outside of an intense situation like these mentioned, oftentimes the court doesn’t view most situations presented as an emergency as an emergency. The standards are set quite high and although unfortunately there are times when they’ve missed the mark. However, without higher standards, the courts would likely be overwhelmed with unsubstantiated emergency hearings.

In situations where it doesn’t rise to the court’s standard of an emergency, it can still be considered an urgent matter. There are legal solutions and steps we can take to increase the likelihood that the case can be heard by a family judge sooner than it typically would.

Examples of Expediting a Hearing for Urgent Custody Matters

• Filing a request for expedited timesharing (as opposed to emergency time.)
• Requesting a brief hearing that allows time to present evidence of incidences that have transpired and risk to the child that helps to obtain a more timely hearing
• Attach exhibits to motions if available, such as photos, medical records, police records or other supporting evidence of things that may have transpired with you and/or your minor child.

All of this requires a lot of consideration and communication with your family law attorney. They will be reviewing the facts, evidence and Florida Family case law to determine your best course of action. Keep in mind, every case is unique and important. Do not assume that you will be unable to get resolve, or assume that your situation is not severe enough to try to modify timesharing and parental responsibility or enforce a timesharing or custody order.  It’s VERY important however, not to fall in a trap where you’re going to be viewed as a person who’s crying wolf because you can lose credibility very, very quickly with the court.

“At the end of the day, what the client feels is an emergency, what your attorney feels is an emergency and what a family judge feels is an emergency are three different standards.”

Ultimately, it’s up to the court as to whether something has risen or will rise to the level of an emergency. Avoiding an emergency in escalating situations is a natural reaction and should be everyone’s goal.  If you have concerns about the safety or well being of your minor child(ren), getting resolve should begin with a thorough family law consultation with an experienced Tampa child custody attorney. We recommend that if you are in that situation, and we hope that you’re not, but if you’re in that situation, please call Nilo J Sanchez & Associates PA Family Law & Divorce Attorneys and we’ll be happy to discuss this matter with you.

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