Emergency Pick-Up Orders in Melbourne, FL
Keep Your Child Safe with the Figueroa Law Group, P.A.
When couples get divorced or agree to raise a child together even though they do not live together, they agree to a time-sharing schedule and parenting plan. If one parent violates this plan and/or puts the child at risk, the other parent may need an emergency pick-up order to help keep the child safe.
Emergency pick-up orders may be appropriate in cases of domestic violence or kidnapping – or even when one person violates a court order for physical possession of a minor child.
If you need help getting your child back from a former spouse or co-parent, the Figueroa Law Group, P.A. can help you get an emergency pick-up order in Melbourne, Florida.
Learn more about how we can help you by calling us at (321) 248-1011.
What Is an Emergency Verified Motion for Child Pick-Up Order?
An Emergency Verified Motion for Child Pick-Up Order is a special form [Form Number 12.941(d)] that directs law enforcement officers to take a minor child (or children) away from someone and deliver them to you. This presumes you want the court to enter an exparte order without giving the other side advance notice of a hearing.
You can only file an Emergency Verified Motion for Child Pick-Up Order if you have an emergency and pre-existing legal right to physical possession of a minor child (or children). This means you have a court order awarding you custody or time-sharing of your child (or children), or you are the birth mother of your child (or children) AND the father has not established his parental rights via paternity.
To learn more about filing an Emergency Verified Motion for Child Pick-Up Order, please contact our Melbourne lawyer at the Figueroa Law Group, P.A.
When Is It an Emergency?
If a child is likely to imminently suffer serious physical harm or removal from the state.
As long as you have legal custody of your child, you can file an Emergency Verified Motion for Child Pick-Up Order. You can file if you are the birth mother of one or more children born out of wedlock and no court order has addressed any other person parental rights.
The state of Florida is part of the Uniform Child Custody Jurisdiction and Enforcement Act and can implement emergency time-sharing at any time if it is in the best interests of the child (or children) in question.
What Happens If an Emergency Pick-Up Order Is Granted?
If the courts grant an emergency pick-up order, the local sheriff or another law enforcement officer will locate the person who has your child and take the child away from them. Then, the sheriff or officer will return your child to you.
Because this process can be scary and even traumatic for the child, you should only use an emergency pick-up order in true emergencies (see above).
Then, call us. We have 38 years of combined experience and offer personalized service to help you achieve peace of mind. Because emergency pick-up orders are emergencies, we will remain extremely accessible and responsive throughout the entire process.
We can also help you through the steps that come afterward, including making modifications to your existing time-sharing plan to keep your child (or children) safe.
Our firm is results-oriented, and in emergency pick-up orders, the only acceptable result is keeping your child safe and restoring your peace of mind.
If you need help achieving these goals, please call us at (321) 248-1011 or contact us online today.