How to Get Emergency Custody of a Child?
A child pick
up order is an emergency motion filed by someone with pre-existing legal rights
over the child in question, and keeps the other parent unaware of the
proceedings. To be considered as such you must have either a court order
granting you legal rights or time sharing; or be a biological mother who had
the child in question out of wedlock, and lacks any court documents
establishing another individual’s parental rights. Although we are Raleigh family law attorneys,
we have obtained child pick up orders for children to be picked up throughout
Florida and elsewhere in the U.S. Learn more about How to get emergency custody of a child?
When
granting child picks up orders, Florida courts are quite rigorous in their
demands for appropriate justifications and proper paperwork, mostly out of
respect for the other party’s right to due process, which allows the them to
present their side of the story. Thus, it falls on the person requesting the
order to prove that the situation is a true emergency, and merits the immediate
forceful removal of the child. These factors make emergency relief somewhat
rare, which is why it is vital you contact a competent lawyer to guide you
through the process.
These orders
are more likely to be issued in cases of setting a temporary parenting plan, if
a parent fails to return a child as the court mandated, domestic violence, or sudden proof of substance abuse, neglect, or
rape. However, the court will take into account when the evidence emerged; for
example, if you’ve known neglect was occurring for months, the court may
consider you don’t believe it to be an emergency, and will allow the other
parent to defend themselves. On the other hand, if you suspected it but lacked
proper evidence until that moment, the court is likely to issue the order
immediately.
How to get emergency custody of a child? – The
most common type of orders requested and issued are called “Emergency
custody order NC”.
These occur
when a parent with visiting rights or some physical custody fails to deliver
the child at the appointed time. In this event, especially if there is a
suspicion that such parent might have taken the child away, the pickup order is
rapidly issued, and local law enforcement (usually the sheriff’s office) go to
retrieve the child. As you might expect, the situation becomes more problematic
when the child is across county or even state lines, as the
cross-jurisdictional factor is added. If this situation was to happen, the
other parent would likely be punished by the court, perhaps by restricting
their future visiting time. As was previously stated, in order to request this
you do need court documents stating your custodial or time sharing rights to
the child in question or to be a mother who burned the child out of wedlock and
has not established the father’s legal rights.
Regardless
of the situation, it is imperative you seek legal counsel to maximize your chances of the order being issued to
get emergency custody of a child.
Obtaining the child pick up order is not always the hardest part. Raleigh
family law attorneys can struggle providing guidance on dealing with
out-of-town or out-of-state law enforcement agencies to ensure the pick-up
order is executed as ordered. It is
important to have an attorney with whom you have a good rapport and who has a
staff available to assist you if he or she is in court or otherwise
unavailable.
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