WHAT IS A FLORIDA CHILD PICK-UP ORDER?
A Florida Child Pick-Up Order is issued to secure the return of a minor child from one party and deliver that child to a party who has a pre-existing legal right to the physical possession of the minor child.
To have a pre-existing legal right to the physical possession of a child, the party petitioning the court must already have a court order awarding you legal custody of or timesharing with the child OR you are the birth mother of one or more children born out of wedlock and no court order has addressed any other person’s parental rights.
The court will review your motion to determine if the situation is a true emergency that requires the immediate removal of the child. Examples of an emergency are: a party with no legal rights refusing to surrender the child, non-compliance with a court order, domestic violence, or sudden proof of abuse or neglect.
HOW DO I FILE FOR A CHILD PICK-UP ORDER?
You obtain and complete the Emergency Verified Motion For Child Pick-Up Order indicated above. After completing the motion, sign it in the presence of a notary or a deputy clerk of the court. Once the motion is completed and signed, file it with the clerk of the court. At the same time, you must also file the forms identified below. The motion and forms are filed in the county where the minor child is physically located. Ask the deputy-clerk to process your motion through their emergency procedures. Keep a copy of every document for your records.
If the court enters an ex-parte order without advance notice to the other party, take a certified copy of the order to the county sheriff’s office for further assistance. You must have the motion and the court’s order served by personal service on the other party. Thoroughly review the order, because it will give you the date and time of your hearing. Prepare all evidence and witnesses in support of your motion and take it with you to the hearing.
If the court will not enter an ex-parte order without advance notice to the other side, you should check with the deputy clerk for additional instructions. When you know the date and time of your hearing, you should file a Notice of Hearing.
OTHER DOCUMENTS THAT MUST BE FILED WITH YOUR MOTION ARE:
Uniform Child Custody Jurisdiction And Enforcement Affidavit (UCCJEA); and
A certified copy of the court order showing that you have legal custody of or time-sharing with the child; or
A certified copy of the child(ren)’s birth certificate(s), if you are the birth mother of a child born out of wedlock and no court order addressing paternity exists; or
A certified copy of any judgment establishing paternity, time-sharing with or custody of the minor child(ren).
If you want strong, experienced counsel to represent your interests, please feel free to call or e-mail The Fuller Firm, LLC. Kevin A. Fuller will schedule a free phone or videoconference consultation. After a thorough case analysis, I will answer your questions regarding a Florida child pick-up order and advise you regarding the best way to proceed.