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Pick-Up Orders in Tampa
Pick-Up Orders in Tampa
As a parent, it would be devastating to learn that your child has been removed to another state or country without your consent. If you find yourself or a loved one involved in such a situation, it is important to move quickly. Hours can matter. A pick-up order is necessitated when a parent with visiting rights or some physical custody fails to deliver the child at the appointed time. A request for a pick-up order must be filed by a person who has pre-existing legal rights over the child in question, and keeps the other parent unaware of the proceedings. Because pick-up orders involve due process concerns, the person requesting the pick-up order must prove that the situation is a true emergency and merits the immediate forceful removal of the child.
Pick-Up Order Solutions
The attorneys of Open Palm Law understand the meticulous demands of the court when determining the necessity of a pick-up order. We will make your emergency matter a priority and file the appropriate documents so that you get your loved one back as quickly as possible.
FAQs for Pick-Up Orders
To file a motion for a pick-up order, you must have an existing right over the child in question (i.e. being a parent or legal guardian). There also must be an existing case regarding timesharing and/or parental rights over the minor child. If not, you’ll have to start one.
Once you file your motion, within 48 hours, a judge will review it to determine whether the circumstances merit that the court grant your request to treat it as an emergency. If it does, the judge will issue an order for immediate pick-up of your child. You can then take this order to law enforcement for them to return the child to your custody.
No, it is temporary. The court will schedule a hearing so that both parties can have a chance to present their story. After considering what each parent has to say and reviewing the evidence presented, the judge will issue a new order, always maintaining as a priority the best interest of the child.