My husband received a document for temporary custody of his son. The situation has special circumstances. What to do next?
Asked in Margate, FL Last answered on November 5, 2026The mom passed away and the aunt is now doing the suing.
1 answer
Your husband should promptly review the document, determine the hearing date, appear and object if he opposes temporary custody, because Florida case law provides that a parent must receive reasonable notice and an opportunity to be heard before entry of a temporary-custody order. If he objects, he should present evidence addressing whether he has abused, abandoned, or neglected his son, because the court may grant temporary custody over a parent’s objection only upon clear and convincing evidence that the parent is unfit on one of those grounds If the document concerns an order entered without advance notice, he should seek a prompt opportunity to be heard; such an order is permissible only in an emergency, such as a threat of physical harm to the child or imminent improper removal from Florida, and due process requires a hearing as soon afterward as possible. If temporary custody has already been granted, he may petition at any time to modify or terminate it. The court must terminate the order upon finding that he is fit or upon the parties’ consent. The court affirmed denial of termination specifically because the trial court found the parent was not then fit, while leaving further proceedings available if circumstances changed. Thus, his immediate course depends on whether he received a petition, an emergency order, or an existing custody order, but in each posture he should timely invoke his opportunity to be heard and present evidence concerning parental fitness.
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