Legal Question in Family Law in Florida
I am the biological father of my 5 year old daughter. I pay court order child support. We have not gone through court for any type of custody arrangement. My daughter is being abused by her mothers boyfriend, and her half sister is being sexually assaulted by him. Can i file an emergency pick up order for my daughter, or do i have to first go to court to establish a custody arrangement?
4 Answers from Attorneys
If you can prove your claims do not wait. Otherwise, seek custody.
The procedure to follow depends on your local jurisdiction. At the least report this to DCF, they will investigate. Failure to report to DCF may result in DCF charging you with Failure to Protect.
You should call DCF and also retain a lawyer asap.
I don't disagree that you should call DCF. However, to answer your question, you can file a Petition to Determine Paternity and an Emergency Pick Up Order at the same time. You can not file an Emergency Pick Up Order without also filing the Petition.
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