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A motion for temporary custody relief asks the judge to award you overnight timesharing with your children and to enter an enforceable court order ensuring your rights. Once a timesharing schedule is made, child support arrearages will likely stop accruing or be reduced to a reasonable amount.
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.
How to file an emergency custody order. There are two ways to file a petition for emergency custody: ex parte or by providing notice to the other parent. In an ex parte motion, a judge considers the petition before the parent accused of abuse or removal is notified.
This is a request that the court enter an order directing the sheriff or other law enforcement officer to take a minor child from the person who currently has physical possession of the child and deliver the child to your physical custody or possession.
Florida Laws On Emergency Motions For Custody Under this statute, if the court, upon the testimony of the petitioner or other witness, finds that the child is likely to imminently suffer serious physical harm or removal from this state, it may issue a warrant to take physical custody of the child.
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If an Emergency Child Pick Up Order Florida is granted, the Court will direct law enforcement to remove the minor child from the other partys residence and safely deliver the child to the other parents home. Call 407-335-8113 today for the help you need for your family.
File a Regular Motion for Emergency Custody The motion would have to be served on the other parent. The parent has the opportunity to respond to the motion, appear at a hearing, and offer evidence in defense of the allegations in the motion.
The emergency motion must show (1) how and why the giving of notice would accelerate or precipitate the injury or (2) that the time required to notice a hearing would actually permit the threatened irreparable injury to occur.

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