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What Is An Ex Parte Custody Order In Florida And When Do You Need One?


It is not uncommon for divorced parents to seek an ex parte custody order when they are concerned about the physical and emotional safety of their children. Below, we will discuss everything you need to know about ex parte custody orders and when it is appropriate to ask the court to issue the order.

When a petition for an ex parte custody order is filed, the judge will decide whether or not to award emergency custody based solely on the Petitioner’s testimony. The court may not even notify the other parent that a petition for ex parte custody was approved.

If you are considering asking a Florida court for emergency custody, speak with an Orlando timesharing and parenting attorney to determine whether or not you need an ex parte custody order in your situation.

How to Obtain an Ex Parte Custody Order in Florida?

You must prove the following two things in order to successfully obtain an ex parte custody order in Florida:

  1. One or both parents have experienced a substantial change in circumstances; and
  2. The requested change in custody would be in the child’s best interests.

When petitioning a court for ex parte custody, it is vital to understand that the change in timesharing would be temporary. In order to obtain a permanent custody order that reflects the requested changes, both parents will appear in front of a judge to present their arguments.

When seeking an ex parte custody order, it is advisable to be represented by a knowledgeable attorney to help you achieve a favorable outcome.

Why Are Ex Parte Custody Orders Necessary?

An ex parte custody order is necessary under specific circumstances. Typically, reasons Florida courts grant ex parte custody orders include:

  • Protecting a child from the immediate risk of harm due to physical or sexual abuse by a parent, family member, or another member of the household; and
  • Protecting a child from domestic violence.

Requesting emergency custody is a sensitive matter. It is important to understand that an ex parte custody order will affect the other parent’s access and visitation. If you are not sure whether or not requesting emergency custody is the right decision, you need to consult with a skilled attorney to discuss your particular situation.

Contact an Attorney to Obtain an Ex Parte Custody Order

Deciding what is best for children is every parent’s responsibility. Sometimes, when a child’s safety is at risk due to domestic violence, the risk of physical or sexual abuse, or any other reason, it may be appropriate to ask a court for ex parte custody.

You need to seek the legal counsel of an experienced attorney to determine whether or not you need an ex parte custody order in your particular case. You need to understand that courts do not grant ex parte custody orders for no reason.

Ex parte custody essentially means asking the court for temporary relief without the other person’s ability to challenge the order. Schedule a case review with our Orlando child custody lawyers at Donna Hung Law Group to talk about your case. Call 407-999-0099 to receive a case evaluation.