How to File an Emergency Custody Order in Florida

TL;DR

• Emergency custody in Florida is granted only for immediate danger, abuse, abandonment, or risk of a child being taken out of state.

• Courts use two motion types: rare ex-parte motions (without notifying the other parent) and regular emergency motions with notice.

• Judges make quick decisions based on well-prepared motions, often without hearing arguments first.

• Filing false or unnecessary emergency motions can harm your case and credibility.

• Working with an experienced family law attorney helps ensure your motion is taken seriously.

Is It Possible to Request an Emergency Hearing in Family Court for Custody in Florida?

Wondering if you can request to schedule a preliminary ex parte hearing or petition the family court for an urgent restraining order, protective temporary order, or custodial change in Florida? Here is critical, time-sensitive information to help you prove and demonstrate if your contested or uncontested situation qualifies. Interim, provisional emergency-basis orders can be granted if evidence suggests domestic violence, life-threatening child safety risks, or immediate danger. If you believe these circumstances are met, here’s how to obtain an order.

How to file an expedited emergency child custody order in Florida

Filing a motion with the court clerk (and paying the filing fee to generate a case number) is strictly reserved for dire circumstances. A UCCJEA affidavit must document the facts to establish jurisdiction and accompany the motion. Misuse may lead to sanctions. Every assertion is made under oath, so ensure facts are accurate to enforce credibility.

1. Determine which emergency motion fits your situation (such as an ex parte hearing vs. regular notice). An ex parte request is presented to the judge without the need to notify the other party.
2. Contact an experienced attorney or guardian ad litem to expedite the pending case, argue the merits, and craft the pleadings.
3. File the motion with the judge.
4. Work with your lawyer to prepare to attend the courtroom and testify.

One common issue that divorce attorneys in Florida handle is seeking emergency custody. This process might be called a motion to modify, deny, or appeal access. Regardless of the label, if someone is in imminent danger requiring same-day help, contact law enforcement immediately. After contacting them, contact us.

Jump To:

• Temporary emergency custody
• Two types of emergency motions
• What you need to show
• How to get emergency custody
• Use emergency motions sparingly

Temporary Emergency Custody

Florida law § 61.517 Temporary emergency jurisdiction begins with:

“A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.”
(source)

Common grounds for emergency custody include:

• Child abandonment
• Child abuse or mistreatment (actual or threatened)
• Domestic violence
  (actual or threatened) toward a sibling or parent of the child.

Two Types of Motions for Emergency Custody in Florida

Florida courts generally grant two types of emergency custody motions: ex-parte motions and regular emergency motions with notice.

1) Ex-Parte Motions

An ex-parte emergency motion is filed and sent directly to the judge without informing the other party.

Examples include a high risk of the other parent removing the child from the jurisdiction or situations where notice would place the child in immediate danger.

Ex-parte pleadings are rare and granted only in extreme circumstances.

2) Regular Emergency Motions with Notice

These motions are served on the opposing party and allow them an opportunity to respond with objections and evidence.

What You Need to Show to Get an Emergency Hearing in Family Court

Attorneys must identify facts that clearly meet the emergency threshold. Judges often decide these motions based solely on the written filing.

Poorly drafted or exaggerated motions frequently fail because they do not demonstrate imminent harm.

How to Get Emergency Child Custody in Florida

Important: If someone is in imminent danger, contact law enforcement immediately.

1. Contact an experienced family lawyer in Florida.
2. File the motion and provide it directly to the judge’s office.
3. The judge reviews the motion—often the same day.
4. If granted, a temporary order is issued and a fast hearing is scheduled.

Use Emergency Motions for Custody Sparingly

Emergency motions should be reserved for genuine emergencies. Overuse damages credibility with the court.

Why Many Emergency Motions Fail in Florida

Routine custody disputes rarely qualify as emergencies.

True emergencies: Imminent physical or emotional harm, abandonment, or risk of removal from the jurisdiction.

Client impact: Frivolous emergency filings often backfire.

Best practice: File emergency motions only when facts clearly meet the legal standard.

Real-World Emergency Custody Case Studies

Case Study: How an Orlando Child Custody Lawyer Protected a Family From False Allegations of Abuse and Custody Manipulation

In a high-conflict divorce, a mother repeatedly accused the father of abusing their children following routine time-sharing exchanges. Each accusation led to emergency motions seeking to suspend the father’s custody, despite no medical evidence, third-party reports, or law enforcement findings.

After challenging the allegations and securing a guardian ad litem investigation, the court determined the claims were unfounded. The judge restored the father’s parenting time and noted that repeated misuse of emergency motions was harming the children, not protecting them.

Case Study: How a Child Custody Attorney in Orlando Prevented the Wrongful Removal of a Child From Florida

In another case, a father learned the mother planned to take their child to Colombia after previously threatening to interfere with his parental rights. The risk of international removal required immediate court intervention.

An emergency motion was filed with evidence of prior threats and imminent travel plans. The court granted an emergency order preventing removal of the child from the jurisdiction and scheduled an expedited hearing, preserving both the child’s stability and the father’s custodial rights.

Emergency Injunctions for Child Custody: Suggested Next Steps

If you have questions about filing a motion for an emergency custody order in Florida, our team can help determine whether your situation qualifies. Contact our office to speak with a Florida family law attorney.

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Sean Smallwood

Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.