Michele A. Lebron | November 4, 2025 | Child Custody
When a parent believes their child is in immediate danger, they may not be able to wait for a standard child custody hearing to seek custodial rights over their child. In Florida, the law allows a parent to seek an ex parte custody order that asks the court for emergency custody without notifying the other parent beforehand.
An ex parte order can be critical in situations involving abuse, neglect, abduction risk, or threats to a child’s safety.
What Is an Ex Parte Custody Order?
An ex parte custody order is a temporary custody order issued by a judge without notifying or involving the other parent or guardian. “Ex parte” merely means “from one party.” These types of orders are granted only under emergency circumstances.
Florida courts generally require both sides in a custody dispute to be given notice and an opportunity to be heard. However, in extreme situations where a child’s health, safety, or welfare is at serious and immediate risk, the court may act based solely on the request and evidence presented by one parent.
When Is an Ex Parte Custody Order Appropriate?
Florida courts don’t grant ex parte custody orders lightly. To qualify, the requesting parent must show clear and convincing evidence that there is an immediate and substantial threat to the child.
Examples of when an ex parte custody order might be appropriate include:
- Physical abuse or domestic violence in the home
- Neglect, such as a lack of food, shelter, or supervision
- Substance abuse or criminal activity in the child’s environment
- Parental kidnapping or credible threats of abduction
- A parent being involuntarily hospitalized or incarcerated
- Situations where a child is exposed to extreme mental harm or instability
Simply disagreeing with a parenting style or suspecting poor judgment will not be enough. Judges are reluctant to issue an ex parte order that denies one parent the right to be heard.
How Do You Get an Ex Parte Custody Order in Florida?
To request an ex parte custody order in Florida, a parent must file a motion for emergency temporary custody and provide an affidavit detailing the circumstances.
The petition should include:
- A description of the danger to the child
- Supporting documentation or evidence, such as police reports, medical records, or witness statements
- The specific relief requested, such as sole temporary custody or restrictions on the other parent’s contact
- An explanation of why notice to the other parent is not feasible or would endanger the child
Once the motion is filed, a judge may review it the same day. If the judge finds sufficient evidence of an emergency, they may issue a temporary ex parte order granting temporary custody to the petitioner and restricting or suspending the other parent’s rights.
The order will remain in effect until a full hearing is held, usually within a few days or weeks. At that time, both parents will have the chance to present their side of the story.
What Happens After an Ex Parte Custody Order Is Issued?
An ex parte custody order is temporary by nature. After the order is granted, the court will schedule a formal hearing. During that hearing, both parties can present evidence, call witnesses, and argue for or against extending the emergency custody arrangement.
The judge will decide whether to:
- Extend the temporary custody order
- Modify the terms of custody
- Dismiss the emergency order and return to the previous arrangement
It’s important to note that abusing the ex parte process can damage your credibility in court.
Contact the Kissimmee Child Custody Lawyer at Lebron Law, PLLC for Help Today
Seeking an ex parte custody order in Florida is a complex process. The legal requirements are strict. An experienced Kissimmee child custody attorney can help you evaluate whether your situation meets the legal standard, prepare the emergency motion and affidavit, and represent you in court during the follow-up hearing.
That’s where Lebron Law, PLLC can help. Contact us today to schedule a confidential consultation to learn more about your rights and options for seeking an ex parte order.
For more information, contact our experienced Kissimmee family law & divorce attorneys at Lebron Law, PLLC to schedule a free consultation.
We serve all through Osceola County and its surrounding areas in Florida. Visit our office at:
Lebron Law, PLLC Kissimmee
15 S Orlando Ave, Kissimmee, FL 34741
(321) 800-5195
