Certain situations may arise that warrant an emergency pick up order. An emergency pick up order (“order”), directs law enforcement to retrieve the minor child(ren) and place them in the physical custody of the moving party. Other requirements include filing certified copies of the birth certificate, a UCCJEA and verification of the motion.
Once the order is filed, the court will either immediately enter the order on a temporary basis, set an expedited hearing, or deny the order. Even if the court immediately grants the order, a return hearing will be scheduled permitting the respondent to be present and plea their case.
The order permits a court to 1. adjudicate issues of custody or enforce an ALREADY granted right to custody. A pick up order is not a vehicle by which an initial determination is made (Williams v. Primerano, 973 So. 2d 645 (Fla. 4th DCA) (2008).
§ 744.303 (1), Fla. Stat. (2019) outlines the rights of parents who are not married to each other and paternity has not legally been established. Such statute states that, … “The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.”
This means that absent any court order awarding time-sharing to a party other than the birth mother, the natural guardian of the minor child(ren) is the birth mother. At that moment, she is the only person entitled to primary residential care and custody.
This does not mean that the biological father has no rights, but his time-sharing rights are not superior to that of the mother.
An emergency pick up order is appropriate under limited circumstances. There may be a more suitable legal remedy under your specific facts. Either way, it is important to consult with a legal expert today. Contact us at
407-278-6718.