When Are Ex Parte Custody Orders Necessary?
When one parent is concerned about the safety and well-being of their child when they are in the custody of the other parent, they may petition the court to issue an ex parte custody order. Usually, the ex parte custody order is based solely on the testimony of the concerned parent. If a judge deems an ex parte custody order is necessary to keep the child safe, emergency custody is then given to the requesting parent, without notification to the other. Learn how the process works:
Obtaining an Ex Parte Custody Order in Florida
To obtain an ex parte emergency order, the petitioning parent must prove two things:
- A substantial change in circumstances of one or both parents has occurred.
- The change in custody and time-sharing is in the best interest of the child.
It's critical to understand that an ex parte custody order is temporary. The other parent will be given the opportunity to present their position to a judge before any permanent custody arrangements can be made. In the case of an ex parte custody order, it's critical to have an experienced family law attorney assist with proceedings to ensure the best possible outcome.
Common Reasons Why Ex Parte Orders are Issued
Child custody issues are complex and are not taken lightly by the courts. The following are some reasons why ex parte orders are granted:
- To protect a child from physical or sexual abuse by a family member, domestic partner, or another person.
- To protect a child from domestic violence or physical abuse by a family member, domestic partner, or another person.
Moving forward with an ex parte custody order is a sensitive situation. The other parent's role in the child's life will be affected, including visitation and parental decisions. Having all your questions and concerns answered by a family law attorney can help you properly move forward with an ex parte custody order to ensure the child's best interests.
When You Need Help With Custody Issues, We Are Here For You.
It can feel like an emotional roller coaster when it comes to the delicate matters of custody orders and your children. Know that you are not alone, and there is help available to get you and your child the help you need. Our experienced family law attorneys will fight to protect you and your child under Florida family laws.
Contact Owenby Law, P.A. today at (904) 770-3141 to schedule a free initial consultation with our team.