Legal Question in Family Law in Florida

Hi,
I wanted to know is it legal or acceptable for a Family Law Judge to grant an Emergency Child Pick-up Order for a father who has NO Pre-existing court order awarding him custody rights to the children? The children reside with their birth mother and there is NO court order addressing anyone else's parental rights. The children were obtained by way of an emergency pick-up Order on the grounds that the Petitioner was taking ONE of them to get shots and a physical and enrolling her in school because the mother was supposedly incapable, which was not true. The mother had already scheduled the doctors appointment but the earliest available appointment was three days after school started. The child to be enrolled is 5 years old. The other child taken is 2 years old. He is not going to school. The Petitoner's emergency order was granted and enforced an the children were placed in his physical possession though he has no legal custody rights and was not given physical custody by way of a court order. Is this legal? Is this acceptable?

Asked on 8/21/13, 2:02 pm

4 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

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If the father had never filed any form of paternity case, I would generally say no. But if the father has filed for any indication of "custodial rights," for instance, one of the parties has filed a paternity case, one of the parties has filed for child support, either of the parties has filed with Child Support Enforcement (DOR), one of the parties filed for an injunction for domestic or family violence, etc., I would say the judge's order is lawful.

Answered on 8/21/13, 2:18 pm

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Robert McCall Law Office of Robert McCall

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Call the TV station, newspaper, DCF and your attorney. If there is no court action awarding a legal interest he has lied or misrepresented his status to obtain the kids.

Answered on 8/21/13, 3:18 pm

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John Smitten Carey and Leisure

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for whatever reason the court granted the request so you need to consult with a lawyer asap to deal with this situation. Calling a TV station and the newspaper will not help you in any way.

Answered on 8/22/13, 3:42 am

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