Legal Question in Family Law in Florida

If father received DUI and fleeing the scene with injuries can I file an emergency motion for pick up. Our daughter resided with me for over 8 months and her father picked her up and has refused me any contact. He is a heavy drinker and I just found out my daughter was involved in this accident. I need my daughter safe home.


Asked on 5/23/15, 3:37 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

I don't see why not. Good luck.

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Answered on 5/23/15, 5:24 am
John Smitten Carey and Leisure

You have to also file a petition to change custody asap. Use of a lawyer is recommended.

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Answered on 5/23/15, 5:51 am
Lucreita Becude Lucreita D. Becude, P.A.

It would depend on who has majority timesharing. If you did have the majority timesharing with the child living in your home, then there is no reason not to be able to get your daughter back. However, you don't mention the age and other factors that would come into play. Need more info to appropriately advise you.

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Answered on 5/23/15, 6:20 am


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