Emergency Custody Order Florida: How to File for Immediate Relief in 2026

What Is an Emergency Custody Order in Florida?

An emergency custody order Florida courts issue is a temporary court order designed to protect a child from imminent harm when there is no time to wait for a regular court hearing. Under Florida Statutes Section 61.517, these orders allow a judge to grant immediate temporary custody to one parent when the child faces danger that requires swift judicial intervention.

In my experience handling these cases across Florida counties, I have seen parents understandably confused about when emergency relief is appropriate versus when they should pursue standard custody modification. The distinction matters because filing frivolous emergency motions can damage your credibility with the court and delay resolution of legitimate concerns.

Let me be clear from the start: emergency custody orders are reserved for genuine emergencies. Florida courts take these motions seriously, and judges expect to see evidence of imminent danger, not simply disagreements about parenting styles or frustration with your co-parent.

When Can You File for Emergency Custody Relief in Florida?

Florida law requires you to demonstrate that your child faces imminent danger of abuse, neglect, or abandonment before a court will grant emergency relief. The key word here is imminent, meaning the threat is immediate and ongoing, not something that happened months ago or might happen someday.

Situations That Typically Justify Emergency Motions

Courts in Florida generally consider emergency custody orders appropriate when there is credible evidence of:

• Physical abuse of the child that has occurred recently or is ongoing
• Sexual abuse or credible threat of sexual abuse
• Severe neglect that endangers the child's health or safety
• Domestic violence in the home that puts the child at risk
• Substance abuse by a parent that creates immediate danger
• Abandonment or the other parent's unexplained disappearance with the child
• Credible threats to flee the jurisdiction with the child
• Mental health crisis rendering a parent unable to care for the child

Situations That Usually Do Not Qualify

Many parents come to me wanting emergency relief for situations that, while upsetting, do not meet the legal threshold:

• Disagreements about homework, bedtime, or screen time
• The other parent dating someone you dislike
• Missed visitation exchanges without endangerment
• Different parenting philosophies
• Verbal arguments between parents
• Financial disputes about child support

If your situation falls into this second category, a strategy session can help you identify the most effective legal path forward without filing a motion that may be denied.

Understanding Florida's Pick Up Order

A pick up order Florida courts issue is a specific type of emergency custody order that authorizes law enforcement to physically retrieve a child and deliver them to the petitioning parent. These orders are sometimes called writs of bodily attachment.

Pick up orders are typically granted when:

• A parent has taken the child in violation of an existing custody order
• There is evidence a parent plans to flee with the child
• The child's location is known but the custodial parent cannot retrieve them safely

Obtaining a pick up order requires showing the court that you have a legal right to custody and that the child is being wrongfully withheld. Law enforcement will then assist in recovering the child, though the exact process varies by county.

How to File an Emergency Custody Motion in Florida: Step-by-Step

Step 1: Gather Your Evidence

Before you file anything, compile all evidence supporting your claim of imminent danger. This may include:

• Police reports documenting abuse or domestic violence
• Medical records showing injuries to the child
• Photographs of injuries or unsafe living conditions
• Text messages, emails, or voicemails containing threats
• Statements from witnesses willing to testify
• Records from the Department of Children and Families
• School records documenting concerns

The strength of your evidence directly impacts whether the judge grants emergency relief. Vague allegations without documentation rarely succeed.

Step 2: Prepare the Required Pleadings

You will need to file several documents with the court:

Florida Family Law Rules of Procedure require that your motion clearly explain why the matter is an emergency and why waiting for a regular hearing would harm the child.

Step 3: File with the Appropriate Court

If you have an existing custody case, file your emergency motion in that same case. If no case exists, you will need to initiate a new action, typically a Petition to Establish Paternity and Time-Sharing (for unmarried parents) or a Petition for Dissolution of Marriage (if still married).

Filing fees vary by county but typically range from $50 to $350 depending on whether you are filing a new case or a motion in an existing case. If you cannot afford the fees, you may file a Motion to Proceed In Forma Pauperis requesting a fee waiver.

Step 4: Request an Emergency Hearing

After filing, contact the judicial assistant for the assigned judge to request an emergency hearing. Some counties have duty judges who handle emergency matters, while others require you to schedule with the assigned family law judge.

In my experience, courts in Miami-Dade, Broward, and Hillsborough counties typically can schedule true emergency hearings within 24 to 72 hours. Smaller counties may move even faster because of lighter dockets.

Step 5: Serve the Other Parent

Florida law generally requires you to give notice to the other parent before any hearing. However, in extreme emergencies where giving notice would enable the other parent to harm or flee with the child, you may request an ex parte order, meaning a temporary order granted without the other parent present.

Ex parte orders are disfavored and only granted in extraordinary circumstances. If the court grants one, a full hearing with both parties must be scheduled within a short time frame, typically 14 days.

What Happens at an Emergency Custody Hearing?

Emergency hearings are shorter and less formal than trials, but they still require you to present evidence and potentially testify. Here is what to expect:

Presenting Your Case

You will have the opportunity to explain to the judge why emergency relief is necessary. Bring all documentation and be prepared to testify under oath about:

• Specific incidents demonstrating imminent danger
• When the incidents occurred
• How the child has been affected
• Why immediate action is necessary
• What temporary custody arrangement you are requesting

The Other Parent's Response

If the other parent received notice and appears, they will have the opportunity to respond to your allegations. They may present their own evidence and testimony contradicting your claims.

The Judge's Decision

The judge will make an immediate decision based on the evidence presented. If the judge grants your emergency motion, they will issue a temporary custody order Florida law requires to remain in effect until a full evidentiary hearing can be held.

If the judge denies your motion, your case is not over. You can still pursue standard custody modification through regular court procedures.

Temporary Custody Order Florida: What It Means and How Long It Lasts

A temporary custody order Florida judges issue following an emergency hearing is not permanent. It serves as a stopgap measure until the court can hold a comprehensive hearing where both sides present full evidence.

Typically, temporary custody orders from emergency hearings last 14 to 30 days, at which point the court schedules a follow-up hearing. At that hearing, the judge may:

• Extend the temporary order
• Modify the temporary arrangement
• Dissolve the emergency order if evidence does not support continued emergency custody
• Set the matter for trial on permanent custody

During the period a temporary custody order is in effect, both parents must comply with its terms. Violating a temporary custody order can result in contempt of court charges and negatively impact your case going forward.

Common Mistakes to Avoid When Seeking Emergency Custody

Filing Without Sufficient Evidence

The most common reason emergency motions fail is insufficient evidence. Courts need documentation, not just your word against theirs. If you lack evidence, consider working with an attorney through a consultation to determine whether you need to gather more documentation before filing.

Exaggerating or Making False Claims

Judges can tell when parents exaggerate to gain tactical advantage. Making false allegations will destroy your credibility and may result in sanctions. Stick to facts you can prove.

Waiting Too Long to File

If you knew about dangerous conditions months ago but only now seek emergency relief, the judge will question whether the situation is truly an emergency. File promptly when genuinely dangerous circumstances arise.

Not Following Up After the Emergency Hearing

An emergency custody order is temporary. You must continue pursuing the case through proper channels to obtain a permanent custody modification. Failing to appear at follow-up hearings or complete required procedures can result in the emergency order being dissolved.

Do You Need an Attorney for an Emergency Custody Motion?

While Florida law allows you to represent yourself, emergency custody matters are high stakes and move quickly. Even small procedural errors can result in denial of your motion or delays that put your child at continued risk.

Many parents find that unbundled legal services provide a cost-effective middle ground. Instead of hiring an attorney to handle everything, you can get help with specific tasks like:

• Drafting your emergency motion and supporting documents
• Reviewing your evidence and advising on strategy
• Preparing you for the emergency hearing
• Coaching you on courtroom presentation

This approach gives you professional guidance while keeping costs manageable.

What If You Are on the Receiving End of an Emergency Motion?

If your co-parent files an emergency custody motion against you, take it seriously even if you believe the allegations are false. You have the right to:

• Receive notice of the emergency hearing (except in rare ex parte situations)
• Appear and present your own evidence
• Cross-examine witnesses
• Request time to prepare if you received inadequate notice

False emergency custody allegations unfortunately do occur. If you face this situation, document everything and consider scheduling a strategy session to prepare your defense.

Florida Statute Citations for Emergency Custody

Several Florida statutes govern emergency custody proceedings:

• Florida Statutes Section 61.517: Emergency Relief in Child Custody Matters
• Florida Statutes Section 61.13: Custody and Support of Children
• Florida Statutes Section 61.518: Warrant to Take Physical Custody of Child (Pick Up Orders)
• Florida Family Law Rules of Procedure 12.610: Injunctions for Protection

Understanding these statutes helps you craft a motion that meets legal requirements and anticipate what the judge will need to see.

When Emergency Custody Intersects with Other Issues

Emergency custody situations often overlap with other family law matters. If you are dealing with any of the following, your emergency custody case may be affected:

• Parental alienation concerns may complicate emergency custody claims
• Relocation disputes sometimes trigger emergency motions when a parent tries to move without permission
• Questions about moving out of state with a child may require emergency intervention if attempted without court approval
• Understanding Florida's custody framework helps you position your emergency request appropriately

Taking the Next Step

If your child faces imminent danger, do not wait. Contact law enforcement immediately if physical safety is at risk, then begin the legal process for an emergency custody order Florida courts can issue quickly when circumstances warrant.

For situations where you are unsure whether your case qualifies as an emergency, or where you need help preparing the strongest possible motion, our firm offers unbundled legal services that let you get professional guidance without the cost of full representation.

Protecting your child is what matters most. Make sure you pursue that protection through the right legal channels with the strongest possible case.

This article provides general information about Florida divorce law and is not legal advice. Every case is unique. For advice specific to your situation, schedule a consultation with a Florida-licensed attorney.