Isabella Carter
In the state of Florida, a 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 physical possession of the child. This order is usually entered after a parent shows that the other parent or another person has wrongfully obtained physical custody of a child. The order allows law enforcement to retrieve the child and deliver them to the parent who was granted the pick-up order.
| Characteristics | Values |
|---|---|
| Order type | Emergency Verified Motion For Child Pick-Up Order |
| Who can file | Birth mother of children born out of wedlock with no formal court order addressing parental rights; a person with legal custody or a valid time-sharing agreement |
| Circumstances | True emergency, such as a party with no legal rights refusing to surrender the child, non-compliance with a court order, domestic violence, or sudden proof of abuse, neglect, or rape |
| Documents required | Completed and signed motion, certified copy of a court order showing legal custody or time-sharing, birth certificate(s) of child(ren) |
| Where to file | County where the minor child is physically located |
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What You'll Learn
When to file for a child pick-up order
In Florida, a 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 physical possession of the child. This order is usually entered after a parent shows that the other parent or another person has wrongfully obtained physical custody of a child.
A Child Pick-Up Order is generally issued in response to an emergency motion filed by someone with pre-existing legal rights over the child when the child is being prevented from returning to their rightful custodian. To be considered an emergency, there must be a legal basis—generally, a custody order or a biological parent who had the child out of wedlock with no court document establishing another individual's parental rights.
Florida courts are rigorous in their demands for appropriate justifications and proper paperwork when granting Child Pick-Up Orders, mostly out of respect for the other party's right to due process. The person requesting the order must prove that the situation is a true emergency and merits the immediate removal of the child. These orders are more likely to be issued in cases of setting a temporary parenting plan, domestic violence, or sudden proof of substance abuse, neglect, or rape.
To file for a Child Pick-Up Order, you must obtain and complete the Emergency Verified Motion for Child Pick-Up Order. 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, along with the necessary forms, in the county where the minor child is physically located.
You must have the motion and the court's order served by personal service on the other party. 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.
It is important to note that Child Pick-Up Orders are only granted in cases of true emergencies, and the court will review each motion to determine if the situation qualifies. Examples of emergencies include 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.
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Who can file for a child pick-up order
In Florida, a Child Pick-Up Order is issued to secure the return of a minor child from one party and deliver the child to a party with a pre-existing legal right to physical possession of the child. This order is typically filed by a parent against another parent or another person who has wrongfully obtained physical custody of the child.
To file for a Child Pick-Up Order, the petitioner must have a court order granting them legal custody or timesharing with the child. Alternatively, if the petitioner is the birth mother of a child born out of wedlock, they can file if no court order has addressed another person's parental rights.
The process of filing for a Child Pick-Up Order involves:
- Completing and signing the Emergency Verified Motion for a Child Pick-Up Order in the presence of a notary or deputy clerk of the court.
- Filing the motion with the clerk of the court in the county where the minor child is physically located, along with the necessary forms.
- Requesting the deputy clerk to process the motion through emergency procedures.
- Obtaining a copy of the court's order and, if necessary, taking it to the county sheriff's office for assistance.
- Serving the motion and court order to the other party through personal service.
- Reviewing the order to identify the date and time of the hearing.
- Filing a Notice of Hearing, Uniform Child Custody Jurisdiction and Enforcement Affidavit (UCCJEA), and relevant certified documents, such as proof of legal custody or the child's birth certificate.
It is important to note that the court will review the motion to determine if the situation qualifies as an emergency requiring immediate action, such as cases involving domestic violence, abuse, neglect, or non-compliance with court orders.
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What constitutes an emergency
In the state of Florida, a Child Pick-Up Order is issued in response to an emergency motion filed by someone with pre-existing legal rights over a child who is being prevented from returning to their rightful custodian. The court will only grant the order in cases of true emergencies, and it falls on the person requesting the order to prove that the situation merits the immediate forceful removal of the 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 them legal custody of or timesharing with the child. Alternatively, they must be 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 following conditions constitute an emergency:
- A party with no legal rights refusing to surrender the child
- Non-compliance with a court order
- Domestic violence
- Sudden proof of abuse, substance abuse, neglect, or rape
- A parent wrongfully detaining or removing the child
The process for filing an emergency pick-up order involves completing and signing the Emergency Verified Motion For Child Pick-Up Order in the presence of a notary or a deputy clerk of the court. Once completed, the form is filed with the clerk of the court in the county where the minor child is physically located. The deputy clerk can provide additional instructions if the court will not enter an ex-parte order without advance notice to the other party.
Along with the petition, an affidavit must be attached, swearing to the accuracy of the information provided to the court. A certified copy of a court order that formally establishes time-sharing, child custody, or paternity of the child must also be provided. If these documents are not available, a certified copy of the child's birth certificate that shows the petitioner is the birth mother who had the child out of wedlock can be attached.
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What paperwork is required
In Florida, a 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. The paperwork required for a Child Pick-Up Order in Florida includes:
Emergency Verified Motion for Child Pick-Up Order
This is the primary document that needs to be completed, signed in the presence of a notary or a deputy clerk of the court, and filed with the clerk of the court. This motion should be filed in the county where the minor child is physically located.
Notice of Hearing
If the court does not enter an ex-parte order without advance notice to the other side, you should file a Notice of Hearing once you know the date and time.
Uniform Child Custody Jurisdiction and Enforcement Affidavit (UCCJEA)
This affidavit needs to be filed along with the motion.
Certified copy of a court order
You must provide a certified copy of a court order that shows you have legal custody of or time-sharing with the child.
Certified copy of the child's birth certificate
If there is no court order addressing paternity, you must provide a certified copy of the child's birth certificate, especially if you are the birth mother of a child born out of wedlock.
Certified copy of any judgment establishing paternity, time-sharing, or custody
If there is a judgment establishing paternity, time-sharing, or custody of the minor child(ren), a certified copy of this must also be provided.
Affidavit swearing to the accuracy of information
Along with the petition, you must attach an affidavit swearing to the accuracy of the information provided to the court.
It is important to note that Florida courts are rigorous in their demands for appropriate justifications and proper paperwork, and it is the responsibility of the person requesting the order to prove that the situation is a true emergency. Obtaining legal counsel to guide you through the process is highly recommended.
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What happens after the order is granted
In Florida, a 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 physical possession of the minor child. This order is usually entered after a parent shows that the other parent or another person wrongfully has physical custody of a child. The order allows law enforcement authorities to pick up the child and deliver the child to the parent who was granted the pick-up order.
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 legal custody of or timesharing with the child. Alternatively, the petitioner could be the birth mother of one or more children born out of wedlock, with no court order having addressed any other person's parental rights.
The court will review the motion to determine if the situation is a true emergency that requires the immediate removal of the child. Examples of an emergency include a party with no legal rights refusing to surrender the child, non-compliance with a court order, domestic violence, or sudden proof of abuse, neglect, or rape. Florida courts are rigorous in their demands for appropriate justifications and proper paperwork, mostly out of respect for the other party's right to due process.
After the order is granted, local law enforcement, usually the sheriff's office, will retrieve the child. The opposing party is usually not notified of the proceedings, and the pick-up order is rapidly issued, especially if there is a suspicion that the parent might have taken the child away. The situation becomes more problematic when the child is across county or state lines, as the cross-jurisdictional factor is added. If this is the case, the parent who failed to deliver the child may be punished by the court, perhaps by restricting their future visiting time.
If the circuit court calls for a hearing regarding the emergency pick-up order, it will usually happen within 48 hours. The other parent will be notified of the hearing and allowed to attend, perhaps virtually. Emergency pick-up orders typically last for a few days; the court typically holds a second hearing to determine whether the emergency order should stay in effect for longer.
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Frequently asked questions
A child pick-up order in Florida is a court-issued order that allows law enforcement to transfer a child from the party they are with to the party with pre-existing legal rights to the child.
Florida courts generally hold that the following conditions constitute an emergency: Someone wrongfully “detained” or “removed” your children, non-compliance with a court order, domestic violence, or sudden proof of abuse, neglect, or rape.
You have the legal right to file for an emergency child pick-up order if:
- You are the birth mother of the children who were born out of wedlock and a formal court order addressing parental rights has not been established.
- A court has formally established that you either have legal custody of your children or that you are allowed to have possession of your children through a valid time-sharing agreement.
