Description: A Motion for Emergency Custody is a legal document used in the state of Florida to ask the court for immediate custody of a child in cases where there is an imminent danger or a risk to their well-being. This form allows individuals to bring their urgent concerns to the attention of the court and request immediate action to protect the child. Keywords: Motion for Emergency Custody, Florida, child custody, legal document, immediate custody, imminent danger, risk to well-being, urgent concerns, court, protect the child. Types of Motion for Emergency Custody forms in Florida: 1. Motion for Emergency Custody — Domestic Violence: This type of motion is used when there is a history of domestic violence involving the child or one of the parents. It is filed to ensure the child's safety and remove them from a dangerous environment. 2. Motion for Emergency Custody — Substance Abuse: This form is used when a parent or guardian has a substance abuse problem that directly impacts the child's safety and well-being. It seeks to have the child placed in a more stable and secure environment. 3. Motion for Emergency Custody — Neglect or Abuse: This motion is filed when there is evidence or suspicion of child neglect or abuse. It aims to protect the child from further harm by requesting immediate custody and intervention from the court. 4. Motion for Emergency Custody — Medical Emergencies: In situations where a child's health or life is at risk due to a medical emergency, this form is used to request immediate custody to ensure the child receives necessary medical attention and care. 5. Motion for Emergency Custody — Parental Incarceration: This type of motion is utilized when one of the child's parents is incarcerated, and it is deemed necessary for the child's safety and well-being to be placed with a different caregiver temporarily. It is crucial to consult with an attorney or seek legal advice when preparing and filing a Motion for Emergency Custody form in Florida to ensure that all necessary information and evidence are presented correctly and in accordance with the state's laws and regulations.
Motion For Emergency Custody Form For Florida
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FAQ
An emergency motion is a motion that is presented in court without the normal requisite notice. It is a special motion used for considering a decision quickly in order to avoid irreparable harm.
Two Types of Motions For Emergency Custody in Florida Ex-Parte Motions. An ex-parte emergency motion is filed and sent directly to the judge without informing the other party. ... Regular Emergency Motions With Notice to the Other Side. The second type of emergency motion is a normal one with notice to the other party.
Florida Laws On Emergency Motions For Custody As stated in Florida Statute § 61.534, for the court to issue an order granting a parent or petitioner the ability to secure emergency custody of a child, the court must first determine that the child is likely to suffer physical harm or be removed from the state.
An Emergency Motion for Child Pick Up Order Florida must be verified (the person asking the court for the return of his or her children must have the papers notarized under oath).
Complete Family Law Form 19.941(d). Your attorney will know how to prepare your petition, what information you'll need to complete it, and how to draft it so that a judge is likely to grant your request. File your request for emergency custody with your local family court.