Tampa Temporary Custody Attorney
Whether you are divorcing your spouse or need to protect your child from danger, filing for temporary custody can be crucial. In emergency situations, the process of granting temporary custody can be expedited. Our Tampa temporary custody attorney explains more about these legal orders and how to obtain one below.
What is Temporary Custody?
Temporary custody orders, which are also sometimes referred to as temporary injunctions, are usually issued to a guardian, parent, or other relative the court believes can provide the best care for a child for a specific period of time.
The most common reason for a temporary custody order to be issued is when two parents who have a child together get divorced and there is an emergency situation, such as when a child is going to be illegally removed from the state. The courts can enter a temporary custody order modifying the current arrangements, and they are not required to provide notice to the opposing party.
Temporary Custody During Divorce
Florida law does not recognize legal separations but when a couple gets divorced, it can still take a significant amount of time to finalize the terms of the case. During this time, it is critical that you and your spouse both understand the custody arrangements for your children.
You can create a temporary custody arrangement with your spouse if you can both agree to the terms. Once you have agreed, you will then draft a temporary parenting plan that outlines rules regarding how you both will communicate with the child, pick ups and drop offs, and a time-sharing schedule. If you and your spouse cannot agree to the custody arrangements, you will have to petition the court for a temporary custody order.
Temporary Custody for Emergencies
If your spouse has custody of your child and you believe your child’s safety and well-being is at risk, you can file for an emergency order. These orders can give you temporary custody so your child is removed from harm’s way. Emergency orders, also known as ex-parte orders, are evaluated by the courts to determine if they have merit. Judges will make decisions quickly regarding the safety of your child. There are many emergencies that can warrant a temporary custody order and they are as follows:
- Immediate harm or danger,
- Abduction or illegal removal of the child from the state,
- Risk of sexual abuse, and
- Emotional abuse.
The above are just a few examples of emergencies that can require a temporary custody order. Any time a child’s mental or physical health is at risk, it may be possible to protect them with such an order.
Our Temporary Custody Attorney in Tampa Can Guide You Through the Process
If you need to obtain a temporary custody order, you are likely already very stressed. At Florida Law Advisers, P.A., our Tampa temporary custody attorney can guide you through the process so it is as easy as possible for you and so you obtain the most favorable outcome possible. Call us today at 1 (800) 990-7763 or contact us online to schedule a consultation and to learn more about how we can help.