Legal Question in Family Law in Florida
Custody
If a child is with her father and he has a warrant for his arrest for DV that his current wife has out for him, can the mother of the minor child go and get her(the child)? What do you have to file with the court in order to go and get her?
2 Answers from Attorneys
Re: Custody
The existence of a warrant against a parent doesn't entitle the other parent to immediate temporary custody. The other parent would have to file a motion for an emergency pick-up order, which, even in a circumstance like this, isn't likely to be granted. You need to get a good custody lawyer immediately.
Re: Custody
Depends on facts of case. I believe you should file a Motion for Temporary Orders Without Notice, especially if you believe child may be in harm's way. If he is arrested you would need to file the same, in order to obtain legal custody. We offer a free 1/2 hour consultation, you can call at 602X254X7251.
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