Just about every family court in the country recognizes the benefits of having both parents involved in the lives of their children. Only in rare circumstances should one parent be denied physical access to his or her children. In even rarer circumstances should children be taken away from the physical care of a parent, but it does happen. Florida parents have a few options for filing for an emergency pick up of their children; this blog will focus on the Emergency Verified Motion for Child Pick-Up Order.
First, Figure Out the Rights You and the Other Parent Have
Not all parents have the legal standing to file for an emergency pick-up order in Florida. Parents who are divorced yet have a court order granting them time-sharing (physical custody) rights are permitted to file emergency pick-up orders. Unwed mothers may also file for an emergency pick-up order if the biological father does not have a court order recognizing his rights.
If neither designation applies to you, there are other orders that may be pursued. The specific petition you need to file depends on a few conditions, including your marital status.
How Does an Emergency Pick-Up Order Work?
Again, assuming a court has recognized your legal right to have time-sharing over your children, you need to get with an attorney as soon as possible to help you fill out the required forms. The motion will eventually be filed with the appropriate circuit court clerk’s office. You will need to sign the motion in front of a notary public or deputy clerk.
Your attorney will help you gather the information and documents you need. The courts are usually extremely hesitant to grant emergency pick-up because it deprives the other parent of due process. In other words, it takes the child away from a parent without any say from that particular parent. You might hear this referred to as an “ex parte” order. If the court approves an emergency pick-up order, you will probably have a hearing in the near future that decides time sharing for the time being.
Why Would You File for Emergency Pick-Up?
There are a variety of situations that might warrant an emergency pick-up order. Of course, a parent’s idea of a good reason may not be a good reason in the eyes of the court. Still, the following conditions could mean you are justified in being granted an emergency pick-up order:
- A party has physical custody of your child who does not legally have the right to do so
- The other parent has removed the child out of state without the legal authority to do so
- The other parent has refused to give the child back for time-sharing
Conclusion
We understand exactly how emotional family law matters can be. Whenever possible, we aim to come to an amicable solution to disputes associated with divorce and time-sharing. However, sometimes drastic legal measures need to be taken in order to protect the wellbeing of children.
Our firm knows what you’re going through, and we will work tirelessly to come to a satisfactory conclusion in your case. Call us at 863-825-5309 to see how we can help.
Heather Bryan Law, P.A.
Latest posts by Heather Bryan Law, P.A. (see all)
- Filing for Emergency Pick-Up Orders in Florida (2024 Update) - April 2, 2024
