Emergency Motions (Ex Parte)
Reasons to File an Emergency Child Custody (timesharing) Motions
- Evidence of child abandonment
- Evidence of abuse or threats of abuse
- Substance abuse or other derogatory behavior that may put the children in danger.
- A divorce petition has been filed and one parent is threatening to remove or has removed the minor child from Florida without an order from the court permitting relocation of a minor child.
Florida law accounts for such “emergencies” by allowing an ex parte hearing that is meant to provide temporary relief. This means that a court proceeding will take place before a judge without the presence of the opposing party. An emergency hearing involves presenting evidence to a judge who will make a decision on the matter, in this case timesharing and custody. It is therefore very important to retain an experienced Tampa Bay child custody attorney who understands what it takes in these types of hearings and who can provide you with the very best legal counsel and advice. Remember, Emergency Motions are not taken lightly by the courts considering that the Judge is making a ruling in absence of the other parent’s testimony on the matter.
What to Do if You Suspect Abuse
It is important to call your local law enforcement if you are seeing signs of child abuse or neglect. Once a police report has been made law enforcement may advise you to file for a restraining order. However, restraining orders if granted are temporary and they are difficult to navigate especially if you do not have legal counsel. Restraining orders do not modify timesharing or custody.
What to Do if Your Child Has Been Relocated without a Court Order
Please contact 813-879-4600 for a consultation. If your child has been relocated or there is a threat of relocation, then an emergency motion for temporary child custody may be in order. If you have received a petition for relocation, please read: Relocating with a Minor Child
What to Do About False Reports & Protecting Your Parental Rights
Divorce and child custody matters can initiate high emotions and high conflict. We would like to think the best of everyone but unfortunately there are times when parents become so emotional, they use the children and the courts to threaten the parental rights of the other parent. Emergency child custody hearings are heard in the absence of the parent in question and although the courts take care to ensure that your rights are not infringed upon, it can and does happen. Decisions that a judge makes are temporary relief and a trial will eventually be afforded to you. If you are in a situation like this, it is important to hire a Tampa child custody attorney with extensive experience in Florida Family Law, and specifically child custody and timesharing. This will help to ensure that your parental rights and the best interest of your children are protected.
What to Expect – Emergency Child Custody Hearings
In an emergency hearing for child custody, your attorney is asking the courts for immediate and temporary relief as it applies to timesharing and custody of a minor child. Your attorney will provide evidence to the Judge that supports the alleged abuse, neglect or evidence that the minor child is being removed from the jurisdiction (out of state or jurisdiction) without a court order. Your attorney will ask the courts for specific relief, which can include;
- Suspend time-sharing or overnight visits
- Supervised timesharing
- Limit parental decision making
- Counseling, anger management or other similar treatment
- Any other pertinent relief that would be in the best interest of the child
If the child has been removed from Florida or legal jurisdiction, order that the child be returned.
Again, it is crucial to hire a Tampa Family Law Attorney with experience in emergency child custody hearings. Presenting the appropriate evidence to the courts according to Florida Law is absolutely crucial to the outcome of the hearing. There are a variety of rulings a judge can make which should be in the best interests of the children.
Is a Ruling in an Emergency Motion for Child Custody Permanent?
No. Rulings in Emergency Hearings including Emergency Hearings for Child Custody, temporary relief will be ordered by the courts. A trial will follow to determine what will happen next. Because every case is unique, this will differ from case to case and it is important to secure legal counsel to protect your best interests and the best interests of your minor children.
Family Law Consultations with Tampa Family Law Attorney Nilo J Sanchez & Associates
Schedule a consultation with an experienced Tampa child custody attorney. Attorney Sanchez represents clients who need to file emergency motions, including Emergency Motions for Child Custody , Emergency Pick up Orders and other child custody matters such as parental relocation of a minor child. Nilo Sanchez & Associates are compassionate, aggressive Tampa divorce & child custody attorneys. Located in Tampa, Attorney Sanchez has been providing top-rated legal counsel and representation to clients who required aggressive, focused legal solutions to divorce and family law matters. Attorney Sanchez has experience litigating family law cases in multiple jurisdictions in Tampa Bay, Florida which is beneficial to those he represents.
If you would like to schedule a consultation regarding a family law matter in the following jurisdictions, feel free to message us below or call 813-879-4600. Tampa/Brandon (Hillsborough) Clearwater/St.Petersburg (Pinellas) and in Dade City & New Port Richey (Pasco)