Filing for Emergency Pick-Up Orders in Florida (2024 Update)

Family courts across the United States understand the importance of both parents being involved in their children’s lives. However, sometimes, situations requiring immediate legal action to protect a child’s safety and well-being arise and a tough decision must be made. The Emergency Verified Motion for Child Pick-Up Order is a legal process designed for such situations. This blog sheds light on this process, focusing on its operation, requirements, and the circumstances under which it might be utilized.

Your Existing Parental Rights

Before you start the process of filing for an emergency pick-up order in Florida, it’s really important to get a solid handle on your legal rights, as well as the other parent’s rights. If you’re a divorced parent with a time-sharing agreement from the court, you’re in a position to file for this order. And if you’re an unwed mother and the biological father hasn’t been legally recognized, you can file as well. However, it’s key to remember that this option isn’t available to every parent. It’s specifically for those who already have established legal rights. Also, this motion is is only available in emergency situations.

If you find yourself outside these categories, there might be other paths open to you. It is important to speak with an attorney to understand your rights.

Obtaining the Order

The process of obtaining an Emergency Verified Motion for Child Pick-Up Order starts with completing the necessary forms with the help of an attorney. These forms are submitted to the circuit court’s clerk’s office, and you must sign them in the presence of a notary public or deputy clerk. Given the courts’ reluctance to issue emergency pick-up orders due to their nature of bypassing the other parent’s due process, it is crucial to provide compelling evidence for such a request. If the court approves the pick-up order without a hearing, a return hearing will be scheduled to present your evidence to the court.

The reasons for filing an Emergency Verified Motion can vary but usually involve:

  • Situations where a child is unlawfully kept by someone without legal custody rights;
  • The child is taken out of state illegally, or 
  • The child is not returned for scheduled time-sharing. 

It’s important to remember that what one parent views as a valid reason might not align with the court’s perspective or what the court deems an “emergency.”

Getting Help from Heather Bryan Law, P.A.In cases where it’s a race against the clock to protect your child’s safety, understanding the correct procedures and legal requirements is essential. For families facing the complex and urgent situation of needing to file an Emergency Verified Motion for Child Pick-Up Order in Florida, the support of a knowledgeable attorney is indispensable. At Heather Bryan Law, P.A., we are dedicated to providing compassionate and competent legal assistance to help families like yours through this process. Our team is well-versed in Florida family law and is committed to advocating for the safety and well-being of your child. If you find yourself in need of guidance or representation for filing an emergency pick-up order, reach out by calling (863) 825-5309.

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Heather Bryan Law, P.A.

Our firm has experience defending Floridians against all sorts of criminal charges. Additionally, we are well-equipped to handle emotionally charged family law matters and devastating personal injury cases.

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