Legal Question in Family Law in Florida
Will i get my son back after i file an "Emergency Motion for child pick up" paper in court?
My sons father took my 5 month old son last wednesday against my will, i called the police and they said since he is in his posession, that there is nothing they can do. He is NOT on my sons birth certificate, i am. I am the mother! I went to court and filed an "Emergency Motion for Child Pick up" paper, and now i have a hearing this thursday. I am wondering if i will get my son back. There was never a court date for custody, i just filed for child support, and a DNA test was required and the results state that he is the father, but he is not on the birth certificate and there hasn't been any hearing for custody or anything. The only reason he took my son is so he doesn't have to pay child support. Will i get my son back after this hearing on thursday? I am his mother and am breastfeeding. I am scared for my sons life because the father works monday-sunday and there will be no one to watch our son or feed my son. I am worried. Please help me with any advice!
2 Answers from Attorneys
I suggest you contact a family law attorney ASAP and stop playing pro se attorney. You could have already gotten your child back - you should have run to the courthouse and found the first judge that would listen to you and had that judge issue right there and then AN ORDER to pick up your child.
Until you filed for child support, he had no father's rights. Once you filed for child support, you admitted that he was the father (it's in your petition). He has as much right to his (your) child as you do. Nevertheless, swiping the child from you was not the best reaction, and the judge will probably see it that way. At your hearing on Thursday, the judge will probably come up with a reasonable temporary visitation schedule for the two of you while you can attempt to work things out or, if you can't work things out, get a trial date. Running to the courthouse, as the other attorney suggested, would not have worked, but getting a good lawyer is a very good idea.
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