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
Who has standing to request a pick-up order?
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.
What is the procedure for a pick-up order?
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.
Is a pick-up order permanent?
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.
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“Joryn was simply amazing. Her supporting, consistent, honest, and most importantly – productive – approach was exactly what I needed to get through the process. A court trial was imminent if we did not have a successful mediation (the third one!), and no other attorney was able to focus the entire team like Joryn.”Danielle, January 2016
JORYN JENKINS | FOUNDING PARTNER,
TRIAL ATTORNEY, COLLABORATIVE ATTORNEY
Open Palm in Tampa, Florida is proud to present our firm’s founder, Joryn Jenkins. Please take a moment to read about her qualifications to assist you. We also invite you to view her resume.
In the beginning, Ms. Jenkins worked for one of the ten largest law firms in the country in its Washington, D.C. office. After nearly three years practicing in all aspects of regulatory law, she took a break from big firm life to work exclusively for one of her own clients on a class action involving more than fifty sex discrimination claims in California. When she returned to the East Coast, she accepted an offer from the state attorney in Tampa, E.J. Salcines (now an appellate judge). CONTINUE READING…