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What is Emergency Temporary Child Custody?

If you are getting a divorce, then you likely have questions or wonder what will happen to your property and your children during the process. Where will you live? Where will your children live? Which parent will your children live with?

Temporary Child CustodyIt can take some time for a divorce to become finalized so the judge may issue temporary or emergency child custody orders. All states, including Florida, have various laws in place to protect children from dangerous situations.

Visit here to learn more about child custody laws in Florida.

What Qualifies as a Dangerous Situation?

These dangerous situations include circumstances like the incapacity or death of both parents, parental kidnapping or parental abuse or neglect.

Under any of these kinds of emergency situations, the courts can step in to award temporary custody orders to ensure that somebody is responsible for caring for the child.

If you suspect that you need legal help immediately, it’s better to reach out to a Miami divorce attorney to set up a phone call or consultation right away.

What Should I Do If I There is an Emergency?

There’s no doubt that being concerned about any kind of emergency situation associated with your children can generate a lot of emotions. It’s hard to be level headed during this time, and it’s unreasonable to expect most parents to react calmly.

A Miami divorce lawyer can help you figure out what action you need to take immediately.

State and Local Laws Associated with Emergency Custody Orders

The laws governing child custody, jurisdiction, and enforcement are outlined under the uniform child custody jurisdiction and enforcement act. Nearly every state in the country has adopted this policy.

Under this act, parents may initiate a custody filing only in states in which the child maintained a residence for the previous six months. However, there are additional provisions that deal with emergency custody issues. For example, you may have to leave your current residence as a result of abuse.

The second state you reside in could use an emergency jurisdictional authority to put forward a short-term custody issue in the form of temporary orders until a long-term solution is created.

What If I am Not a Parent but Am Concerned About an Emergency Situation?

Bear in mind, emergency custody in Miami does not apply to parents alone. If you believe that an adult is engaging in abuse or neglect, you should report this concern to your social services department. A child could also be put with you temporarily if you filed a motion for temporary custody with your local family court.

Removing children from a parent or other caregiver can become a very complicated matter—and very quickly. Courts will always try to reunify children with their parents where possible—if the courts believe the children will be safe with a particular parent.

Check out this site here to read more about family law procedure in Florida courts.

A Miami Divorce Attorney You Can Trust

Having a knowledgeable Miami divorce attorney provides guidance in a situation where you believe your child's safety might be at stake. By dealing with the situation immediately, and seeking legal help, this could be critical for preventing further danger to the child.

Reaching out to a Miami divorce attorney whom you can trust can help you reach a quick resolution in an emergency child custody situation.

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Coral Gables, Florida 33146
Fax: 305-234-7028
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