Modifying Child Custody When Your Child is Endangered
Parents in Florida who fear for their children’s safety can often request an immediate court order. Child endangerment often arises when a custodial parent is dealing with substance abuse or a psychological disorder. In other cases, a new partner poses an immediate threat to your child’s well-being when they move into the home with your ex. Call Empowerment Legal, PLLC to speak with an attorney.
Immediate Help for Your child
Under Florida law, a judge will modify custody only if there has been a substantial change in circumstances and the change is in your child’s best interests. Typically, endangerment satisfies the first condition: proving a substantial change.
Children are endangered when they face serious threats to their well-being, including:
- Physical abuse. Is someone in the home abusing your child or threatening to punch, kick, or slap them?
- Sexual abuse. Any molestation happening in the home represents clear endangerment.
- Serious neglect. If the other parent leaves your child unsupervised for extended periods, then they are likely endangered. The extent of neglect will depend on the child’s age.
- Domestic violence. Any domestic violence in the home represents a threat to your child’s safety.
- Drug or alcohol abuse in the home. If your ex is abusing drugs, or if any other adult in the home is, then you should request modification.
- Other criminal activity in the home. There might be gambling, illegal dog fighting, or other dangerous activities taking place. Having criminals stream in and out of the house is threatening.
- Mental health crises. Your ex could have a psychotic break or be dealing with schizophrenia, bipolar disorder, or another condition which impairs their ability to parent. Some parents stop treating their conditions, and the children’s safety suffers.
The threat cannot be hypothetical. For example, your ex-wife might have a new boyfriend. You don’t know much about him, but you’ve heard a rumor that he is unemployed, and you don’t think he’ll be a good influence on your children. That’s not really a concrete threat to your children’s well-being.
Under Florida law, you can seek an emergency motion to modify child custody if you can show the harm to your child is imminent or already happening. For example, your ex could have abandoned your children, or you have credible information your child was recently sexually assaulted.
With an emergency motion, a judge can issue a temporary order the same day. This order can suspend the other parent’s parenting time and grant sole custody to you on a temporary basis. The judge can issue the modification without a hearing, based on your factual allegations.
However, the court will also schedule a full hearing to give the other parent a chance to respond. A judge will not enter a permanent order until hearing from both sides.
Seeking emergency custody for endangerment is necessary to protect your children. Call our office to get experienced legal help. We can find sufficient evidence to support an application. Our firm can also represent you in the full hearing for a permanent modification of child custody.
Contact Empowerment Legal Today
We are dedicated to protecting children in Florida. Schedule your private consultation with a Jacksonville modifications lawyer.