Emergency or Temporary Time-Sharing Plans
Generally, when one parent refuses to agree to modify a custody, time-sharing agreement, the Florida court with jurisdiction will hold a hearing to hear both sides of the case.
If there is an emergency situation, however, such as the child’s life being in immediate danger, the court will order an emergency time-sharing plan.
Attorney for Emergency Time-Sharing in Fort Lauderdale, FL
Unfortunately, there are many mothers who find themselves in domestic violence situations, either as victims to a current or previous spouse or as mothers to children who are being abused. These situations are often painful, embarrassing, and scary. In times as vulnerable as these, mothers need more than just a lawyer, mothers will need someone who can empathize –a true counselor and advocate for their rights.
The family law attorneys at the Florida Women’s Law Center are committed to fighting for the rights of parents who want to spend time with their children throughout Florida. Our primary focus is on helping women in stressful family situations find relief and comfort through equal justice in the law. The Florida Women’s Law Center, a division of the Bacchus & Navarro Law Group, devoted to tackling the various legal issues in the community and helping women navigate the often confusing and convoluted legal system.
If you or someone you know is a mother who is worried for the safety or well-being of her child, contact the attorneys at the Florida Women’s Law Center. We accept cases in Broward County, and in the surrounding areas of Palm Beach County, Collier County, Miami-Dade County, and Hendry County, Florida.
Call (954) 500-5555 now to set up a one-on-one consultation with one of our attorneys.
Broward County Women and Family Law Information Center
- What constitutes an emergency?
- How does temporary emergency jurisdiction work?
- Where can I learn more about emergency or temporary time-sharing plans in Fort Lauderdale?
Is it an Emergency?
Many times, mothers and caregivers find themselves needing an emergency or temporary modification of a timesharing agreement due to discovered child abuse or some other domestic violence issue. Florida courts make custody determinations based on the best interests of the child and if a parent can show that the respondent parent is unsafe for the child, then the court will likely grant the order.
Additionally, if a mother or caregiver fears that the child’s father or ex-spouse may attempt to kidnap the child, then the mother many obtain a temporary custody order.
Some examples of concerning situations that may rise to the level of an emergency include:
- A child is unsafe with one parent;
- One parent has been physically abusive to the child, the other parent, or a new partner;
- A child has been subject to adult behavior that is inappropriate for a child to see;
- One parent is a sex offender or has a partner who is a sex offender;
- A parent or caregiver has a substance abuse problem;
- One parent controls the financial resources;
- The parent alleged to be abusive has a history of being abused;
- A child engages in sexualize conduct; or
- One parent has been psychological or emotionally abusive.
Temporary Emergency Jurisdiction
The State of Florida is a part of the Uniform Child Custody Jurisdiction and Enforcement Act and may exercise temporary emergency jurisdiction over a time-sharing matter if a child has been abandoned, abused, or neglected in the State of Florida, even though it may not be the child’s home state.
If Florida exercises temporary emergency jurisdiction to protect a child or a parent from harm, no other court has issued a custody decision, and no other custody proceeding has been commenced in a state with jurisdiction, then the child custody determination will remain in effect until an order is obtained from the child’s home state. If no such determination is made, then the Florida decision could become a final order.
Additional Resources
A Judicial Guide to Child Safety in Custody Cases — Visit the National Council of Juvenile and Family Court Judges (NCJFCJ), an organization that is devoted to ensuring justice for families in courts everywhere. NCJFCJ is one of the largest judicial membership organizations in the country with thousands of professionals in domestic relations the juvenile and family law justice system. Find out more information on establishing jurisdiction for custody determinations, how to file a custody modification and what to do if you want to change a custody order, but there is no emergency.
Administrative Order Establishing Procedures for Family Division Emergency Matters – Visit the official website of the 17th Judicial Circuit in Broward County, Florida for more information on the kinds of circumstances that qualify as an emergency for purposes of filing for a temporary or emergency child pick-up order and other injunctions related to children. Also, find the forms related to filing for an emergency or temporary modification of a time-sharing agreement.
Fla. Stat. § 61.501 “Uniform Child Custody Jurisdiction and Enforcement Act.” – Visit the Legal Resource Center on Violence Against Women for the full legislative language and structure of Florida’s version of the UCCJEA and how it applies to Florida law. The language includes the purposes of part and construction of provisions section, along with a definitions section for clarity of understanding the Act.
Find an Attorney for Emergency Time-sharing in Broward County
If you or someone you know, is a mother or a primary caregiver of a child that has become a victim of abuse, neglect, or mistreatment, then contact one of the experienced family law attorneys at the Florida Women’s Law Center.
The purpose and focus of the FWLC is to help women who have trouble fighting for themselves in domestic violence circumstances. Often times, women who have been abused and mistreated within their family structure, have a hard time finding resources to securely change their circumstances. The attorneys at the FWLC are dedicated to fighting for those women.
Our office is located in Downtown Fort Lauderdale, and we serve women seeking emergency and temporary modifications of time-sharing agreements throughout the Greater Miami-metropolitan area in cities like West Palm Beach, LaBelle, Miami, and East Naples, Florida.
Call (954) 500-5555 now for more information about the FWLC and to set up an initial consultation to review your case.
