You just got a call or a text, and now you cannot shake the fear that your child is not safe in the other parent’s care right now. Maybe you heard about drugs in the home, a violent argument, or your child crying on the phone and begging not to go back. Your mind jumps straight to one thought: how do I get my child out of that situation immediately?
In that moment, it is hard to sort out what is a true legal emergency and what the court will see as a serious but non-emergency problem. Parents in Broward County often try to make this judgment alone, while scared and exhausted, and they either wait too long to act or rush to file something the judge does not treat as urgent. Both paths can have real consequences for your child’s safety and for your long-term custody case.
At The Law Offices of Jonny Kousa, P.L., we help parents in Coconut Creek and throughout Broward, Palm Beach, and Miami-Dade Counties make these calls in high-conflict custody situations. We look at the facts, measure them against Florida’s emergency standard, and decide together whether to pursue emergency child custody relief or take a different approach. In this guide, we walk you through what “emergency” really means in our local courts, what evidence matters, and what practical steps you can take right now.
What “Emergency” Child Custody Really Means in Florida
In everyday language, almost anything that scares you about your child feels like an emergency. In Florida family courts, including those that hear cases from Broward County, that word has a much narrower meaning. Judges reserve emergency custody relief for situations where a child faces an imminent risk of serious physical harm, abuse, neglect, or abduction if the court does not act quickly. The focus is on immediate safety and preventing significant damage that cannot be undone later.
Emergency child custody in this context usually involves temporary emergency time-sharing orders. These are short-term changes the court can make to protect a child while everyone gathers more information and prepares for a fuller hearing. They are not meant to decide the entire future custody arrangement, and judges are careful about using them because they disrupt the child’s routine and the existing court orders.
The key ideas judges look at are “imminent danger” and “significant impairment.” Imminent danger means a risk that is happening now or is about to happen soon, not something that might become a problem months down the road. Significant impairment refers to real harm to the child’s physical, emotional, or mental health, beyond ordinary stress or conflict that comes with divorce or separation. When we evaluate a situation, we compare the facts to these concepts and consider how a particular judge in Broward or a nearby county is likely to see them.
Our role is to bridge the gap between how urgent this feels to you and how the court defines an emergency. At The Law Offices of Jonny Kousa, P.L., we regularly sit down with parents in Broward County, go through what has happened step by step, and give a candid assessment about whether it meets the emergency threshold. That careful screening protects children who truly need immediate intervention, and it also protects parents from damaging their credibility by misusing the emergency process.
Situations That Usually Qualify as Emergency Child Custody
Parents often ask for examples so they can compare their situation to fact patterns courts in our area have taken seriously. While every case is unique, there are patterns. One clear category involves recent physical abuse of the child. If a child comes home with unexplained bruises or injuries, reports being hit or violently handled by a parent or someone in that household, and there are medical records or photographs to support it, courts often view that as a strong basis for emergency relief.
Another common emergency scenario involves severe substance abuse by a parent while the child is in their care. For example, if a parent is driving with the child while intoxicated, using illegal drugs around the child, or so impaired that they cannot safely supervise the child, those facts can support an emergency motion. Judges tend to pay close attention to police reports, DUI arrests, or witness statements that show the behavior is recent and ongoing, not just a distant history of substance issues.
Serious neglect can also rise to the level of an emergency. This might look like a very young child being left alone for extended periods, a child consistently arriving home filthy and extremely hungry, or living conditions that are clearly unsafe, such as exposed wiring, violent individuals in the home, or access to unsecured weapons. When we see patterns like this backed up by DCF involvement, photographs, or third party reports, we consider whether emergency relief is appropriate.
There are also cases where the main concern is abduction or interference with custody. If a parent has made credible threats to take the child out of state, has recently tried to hide the child from you, or has a history of ignoring court orders and disappearing with the child, a judge may be willing to step in quickly. In those situations, texts, emails, travel plans, and past incidents matter a great deal. Timing is crucial, because the court needs to see that the risk is real and close in time.
In each of these scenarios, involvement by law enforcement, DCF, or emergency medical providers can strongly support an emergency request, but it is not a substitute for a court order. Police can write reports and do welfare checks, and DCF can investigate, but only the family court can change legal custody and time sharing. Our team uses those records together with your sworn statement to paint a clear picture of the risk to your child when we decide to pursue emergency custody.
Serious Problems That Usually Do Not Meet the Emergency Standard
Many of the hardest conversations we have with parents involve situations that are very serious and painful, but that our courts do not usually treat as emergencies. Chronic lateness for pick ups or returns, for example, is frustrating and harmful to the co parenting relationship, but judges typically see it as a violation to be addressed through enforcement or contempt motions, not through emergency custody changes. The same is often true of a parent allowing a child to miss extracurricular activities or exposing them to new romantic partners too quickly.
Disagreements about parenting styles, bedtimes, diet, or discipline methods, unless they cross into abuse or neglect, also rarely qualify. One parent might feel the other is too strict or too lenient, but unless there is clear evidence that the child’s physical or emotional health is in serious danger, judges see these as part of the normal range of parenting differences. Even repeated minor violations of a parenting plan, such as occasional extra overnights or unauthorized schedule swaps, generally stay outside the emergency category.
The fact that something is not an emergency in the legal sense does not mean it is unimportant. It does mean the judge expects those issues to be handled through the regular processes, such as modification, enforcement, or mediation. Emergency dockets are limited, and courts in Broward and surrounding counties work to protect that time for children who face immediate harm. Understanding this helps us adapt strategy so your concerns about the other parent’s behavior are presented in the most effective way, without overusing the emergency label.
There is also a real downside to filing emergency motions on weak facts. If a judge sees a pattern of exaggerated or repeated emergency filings about routine disputes, that parent’s credibility can suffer. In a high conflict custody case, credibility is everything. At The Law Offices of Jonny Kousa, P.L., we work to protect that credibility by being honest with you about whether your situation fits the emergency standard, and by pursuing other remedies when the facts do not support an emergency filing.
Evidence Broward County Courts Take Seriously in Emergency Custody Motions
Once we decide a situation may justify emergency relief, the next question is how to prove it to a judge quickly and clearly. Family courts rely heavily on sworn written motions and affidavits in these situations, often before there is time for live testimony. That means the evidence attached to those filings can shape a judge’s first impression of your case, sometimes before the other parent even knows the motion exists.
Judges tend to give the most weight to objective, contemporaneous records. Police incident reports, arrest records, and DCF intake or investigation documents are powerful because they come from neutral agencies and are created close in time to the events. Medical records from hospitals, urgent care clinics, or pediatricians that document injuries or statements by the child can also carry significant weight, especially when they match your description of what happened.
Digital evidence often plays a major role too. Screenshots of threatening text messages, social media posts showing intoxication while caring for the child, or timestamps of missed pick ups can support the narrative in your affidavit. Photographs or short videos that accurately depict injuries, dangerous conditions in a home, or intoxicated behavior can help a judge understand the risk without relying only on your words. When we prepare emergency filings, we help clients sort through these materials and choose the pieces that are most persuasive and easiest for the court to review quickly.
Witness statements are another tool. Neighbors, relatives, teachers, or childcare providers who have seen concerning behavior or injuries can provide written statements or be identified as potential witnesses. In an emergency context, judges may not hear from these people immediately, but knowing they exist and what they would say can influence how the court views the urgency of the situation.
Our job is to organize this evidence so that it tells a focused story about imminent risk, not a scattered history of every problem you have ever had with the other parent. At The Law Offices of Jonny Kousa, P.L., we work with clients from Broward County to structure sworn affidavits that highlight the most recent and serious incidents, attach key exhibits in a logical order, and avoid clutter that could distract from the core safety issues. That kind of preparation can make a critical difference when a judge has only a short time to review your emergency motion.
How Emergency Child Custody Motions Work in Broward & Nearby Courts
Understanding the process can take some of the fear out of taking action. For cases in Florida, emergency child custody motions are typically filed in the Broward County family court, although there are situations where Palm Beach or Miami-Dade courts are involved, depending on where the case is already pending or where the parties live. The first step is almost always to speak with a family law attorney who practices regularly in these courts so you can quickly evaluate your options.
If your facts support an emergency filing, we usually prepare a verified emergency motion and a sworn affidavit describing the situation in detail. These documents lay out the specific incidents, dates, and risks, and they attach the key evidence discussed earlier. Once filed, the motion is routed for judicial review. In some true emergencies, judges review these motions ex parte, which means they look at your papers before the other parent has a chance to respond.
When a judge reviews an emergency motion on the papers, several outcomes are possible. The judge may decide that the facts do not justify emergency relief and either deny the motion or set it for a regular hearing. The judge may grant short term relief, such as temporarily changing time sharing or ordering supervised contact, and then schedule a prompt hearing where both sides can be heard. Or the judge may require that the motion be set for a noticed emergency hearing without issuing any immediate order.
Timing is a major concern for parents. While emergency motions are typically reviewed more quickly than standard filings, there is no single guaranteed timetable. Review speed can depend on the particular judge’s calendar, the volume of emergency filings, and how clearly the risk is presented. Because we appear in Broward, Palm Beach, and Miami-Dade courts on a regular basis, we have a practical sense of how these courts tend to handle such motions, which helps us set realistic expectations and plan the next steps with you.
Throughout this process, communication is crucial. At The Law Offices of Jonny Kousa, P.L., we keep parents informed about each step, from filing to judicial review to any hearings that are set. We also help you prepare for the possibility of a quick hearing, focusing on the key facts the judge will care about and making sure you understand what will likely happen in the courtroom. That combination of legal knowledge and practical guidance is particularly important when everything feels like it is happening at once.
What To Do If You Have Been Accused in an Emergency Custody Filing
Sometimes you are not the one filing the emergency motion. Instead, a process server shows up at your door, or you hear that a temporary order has been entered limiting your time with your child. Being accused of putting your child in danger is frightening and can feel deeply unfair, especially if you believe the allegations are exaggerated or false. The way you respond in the first days can significantly affect how the court views you.
The most important step is to contact a family law attorney right away. There is usually a short window between an emergency order and the follow up hearing, and you will need help gathering your own evidence, preparing your side of the story, and understanding what the temporary order allows and prohibits. Avoid confronting the other parent about the allegations directly, especially in writing or in front of the child. Those confrontations often end up as evidence against you.
Next, begin preserving your own documentation. Save texts, emails, social media posts, and any records that contradict the claims being made. For example, if you are accused of being intoxicated around the child on a specific date, but you were at work or can show other proof of your condition, gather that. Identify witnesses who can speak to your parenting, your sobriety, or your home environment. This kind of evidence helps your attorney present a clear alternative picture to the judge at the emergency hearing.
It is also crucial to comply with the temporary order, even if you strongly disagree with it. Judges pay close attention to whether parents follow court orders, especially under stress. Demonstrating respect for the court’s authority, while using legal channels to challenge the order, can help restore your parenting time and protect your position in any ongoing custody case. At The Law Offices of Jonny Kousa, P.L., we have worked with parents on both sides of emergency motions and understand how to defend against unsupported claims while keeping the focus on the child’s actual safety.
Protecting Your Child Without Hurting Your Case
When you are afraid for your child, waiting even one more day can feel impossible. That is often when parents resort to self help, such as refusing to return the child after a scheduled visit or making public accusations on social media. Although these reactions come from a place of fear, they can backfire badly in court. Judges in Broward and nearby counties notice patterns of ignoring orders or inflaming conflict and may view those behaviors as evidence of poor judgment or even parental alienation.
A more effective approach is to pair protective instincts with strategic steps. For example, if you are worried about exchanges, you might discuss with your attorney options like asking the court for supervised exchanges, using a police station or other neutral location as a pickup point, or documenting each exchange carefully. If there is a credible, immediate safety threat, you may also be advised to involve law enforcement or seek a separate protective injunction while the emergency custody motion is prepared.
Documenting your concerns calmly and consistently is another way to protect both your child and your case. Keeping a simple log of dates, times, and events, saving messages, and noting who witnessed what happened can create a timeline that supports your future filings. Judges often look for patterns of behavior, not just one emotional outburst, so this kind of record can be powerful when combined with formal evidence like reports and medical records.
At The Law Offices of Jonny Kousa, P.L., we work closely with parents to find this balance. We talk through your options in plain language, explain how particular choices are likely to look from the judge’s perspective, and help you take steps that prioritize your child’s safety without undermining your long term goals. That combination of advocacy and honest guidance can be the difference between a reactive move that hurts your case and a strategic decision that protects your child.
When to Call a Broward County Emergency Child Custody Lawyer
If you are reading this because something frightening has already happened, you may be wondering whether you have minutes, hours, or days to act. There is no single answer for every case, but there are clear red flags that mean you should not wait to talk with a lawyer. These include recent physical harm to your child, escalating domestic violence in the other household, severe substance abuse around the child, credible threats to take the child away, or a sudden pattern of dangerous neglect.
Even if you are not sure whether your situation qualifies as an emergency, a quick legal assessment can help you avoid both underreacting and overreacting. In a short conversation, we can often sort out whether you should pursue emergency relief, file a different type of motion, or focus on documentation and safety planning for now. Coming in with a clear description of recent incidents, any existing custody orders, and whatever evidence you already have makes that assessment faster and more focused.
At The Law Offices of Jonny Kousa, P.L., we are committed to aggressive and individualized strategies that fit the facts of your case, along with the compassionate support you need during one of the most stressful times of your life. We serve families in Coconut Creek and across Broward, Palm Beach, and Miami-Dade Counties, and we understand how our local courts handle emergency child custody matters in practice, not just on paper.
Talk With a Broward County Emergency Child Custody Lawyer
Emergency child custody is not just about filing quickly. It is about making the right call on whether your child’s situation meets Florida’s emergency standard, putting together the strongest possible evidence, and navigating the Broward or nearby courts in a way that protects both your child and your long term custody rights. Trying to do that alone, while you are scared and overwhelmed, is more than most parents should have to handle.
If you believe your child may be in immediate danger, or if you have just been served with an emergency custody motion, you do not have to figure out the next step by yourself. Reach out so we can talk through what has happened, how local courts are likely to view it, and what options you have today to move toward safety and stability for your child.
To schedule a consultation with our Florida child custody attorney, call (954) 626-8071 today.
