Answer Emergency Temporary Custody Order

by Melinda from Cape Coral, Florida, Lee County

My mother filed an emergency temporary custody for my oldest daughter and was granted it by the judge. Within a few days I received a summons.

I took it to the Family courts and they told me I had to reply to the summons.

I also want a hearing of my own (since I was not informed that they had a scheduled a hearing) to plead my case and to get my daughter back.

The judicial assistant told me that I had to file a motion against the emergency temp custody. What form do I use to respond to the emergency custody?

Answer to Florida Child Custody Question

Dear Melinda,

There is no standard form that I know of to reply to an emergency petition for temporary custody.

However, you can write your own answer.

Set up the format in the same way as the petition you were served with.

Have a look at our Answer to Civil Summons page for more information.

You can title it: Answer to Emergency Petition for Emergency Custody, or whatever is most appropriate.

Then answer each allegation one by one, in numbered paragraphs that correspond to each allegation.

In other words, if the first paragraph (item 1) states all parties reside in Lee County, Florida; respond to that by stating whether it is correct or not – affirm or deny.

The first few paragraphs establish jurisdiction, whether the suit is brought in the correct county, etc.

The more serious allegations that state the reasons your mother believes she should be granted custody, should be addressed thoroughly.

If, for instance, what she has stated is not true, state that it is not true, etc.

I also suggest that you question why it was an emergency; and why you were not served with the petition.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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