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 submit a motion for emergency custody in Florida, and what is the procedure for filing an emergency custody order in the state?

Wondering if you can file a motion for an emergency custody order in Florida? Here’s how you can determine if your situation qualifies. Emergency custody orders can be filed if there are indications that the child is in immediate physical danger, experiencing abuse, or at risk of being taken out of the state. If you believe these circumstances are met, here’s how to file an emergency custody order in Florida.

How to file an emergency child custody order in Florida

Filing a motion for an emergency hearing in Florida is strictly reserved for dire circumstances that directly imperil the welfare of a party or child, serving as a final recourse. A UCCJEA form must accompany the motion. Misuse or unwarranted filing may lead to sanctions, possibly contempt. Every assertion is made under oath, so ensure the accuracy of all facts.

1. Determine which emergency motion fits your situation (ex-parte vs. regular with notice). An ex-parte emergency motion is sent directly to the judge without informing the other party.
2. Contact an experienced family lawyer in Florida to evaluate your case and craft the emergency pleadings.
3. File the motion with the judge.
4. Work with your attorney to prepare for court.

One common issue that divorce attorneys in Florida handle is seeking emergency custody to protect children’s physical or emotional safety. This process might be called an emergency motion for custody, temporary emergency relief, or an emergency motion to suspend contact. Regardless of the label, similar legal standards apply. If someone is in imminent danger, 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. Sean Smallwood can help and is a restraining order attorney near you in Orlando.

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: a high risk the other parent will remove the child from the jurisdiction if they learn of the filing, or the likelihood of immediate harm if they are notified.

Ex-parte pleadings are rare; few cases justify proceeding without notice or an opportunity to be heard.

2) Regular Emergency Motions with Notice

The standard emergency motion is served on the other party and allows objections, arguments, and evidence/witness testimony in response.

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

Attorneys must identify facts that meet the emergency threshold and clearly present those facts in the motion. These cases are complex; we recommend retaining a family law attorney for child custody matters in Orlando.

Judges often decide whether to grant emergency relief after a quick read of the motion—without oral argument. Poorly written or rushed motions miss critical facts and have a much lower chance of success.

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. Your outcome often hinges on a precise, well-supported motion.
2. File the motion and deliver a copy to the judge’s office (email or in person).
3. The judge typically reviews the motion the same day to determine if it qualifies for emergency handling.
4. If warranted, the judge issues a temporary order and sets an expedited hearing.

Use Emergency Motions for Custody Sparingly

Reserve emergency filings for true emergencies. Courts note which attorneys overuse emergency motions; excessive filing can erode credibility. Lawyers who only file in genuine emergencies are generally taken more seriously.

Why Many Emergency Motions Fail in Florida

Many attorneys and clients mislabel non-urgent disputes as emergencies. Judges apply strict standards, and routine custody conflicts rarely qualify.

What counts as a true emergency: Imminent harm to a child (physical or emotional) or urgent property concerns. A missed time-sharing weekend, for example, is a standard custody dispute—not an emergency.

Client impact: Unnecessary emergency motions often get denied, disappointing clients and damaging trust. Repeated frivolous filings can harm an attorney’s reputation and undermine future legitimate motions.

Protecting clients: Set realistic expectations, explain the legal standard, and pursue the correct procedure rather than a weak emergency filing.

Emergency Injunctions for Child Custody: Suggested Next Steps

If you have questions about filing a motion for an emergency custody order in Florida, we’re here to help. Our team can determine whether your situation qualifies and guide you through each step. If you believe your circumstances meet these criteria, contact our office to speak with a divorce attorney. Our family law attorneys can advise you on whether your case meets the court’s emergency threshold.

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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.