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Understanding Florida Emergency

  1. What is the purpose of the Florida Emergency form?

    The Florida Emergency form, officially known as the Emergency Verified Motion for Child Pick-Up Order, is designed for individuals seeking immediate court intervention regarding the custody of minor children. This form allows a person with a legal right to custody to request that law enforcement take a child from someone who currently has physical possession of them and return the child to the requesting party. It is crucial to understand that this form should only be used in genuine emergencies.

  2. Who can use this form?

    This form can be utilized by individuals who have a pre-existing legal right to physical custody of a minor child. This typically includes parents who have been awarded custody or time-sharing rights by a court order. Additionally, a birth mother of a child born out of wedlock may also use this form if there is no court order addressing the parental rights of others. It is essential to confirm your eligibility before proceeding.

  3. What steps should I take after filing the form?

    Once you have filed the form and obtained an order from the court, you will need to take a certified copy of the order to the sheriff's office. This step is vital for ensuring that law enforcement can assist you in enforcing the order. You must also serve the other party with a copy of the order and any additional required documents. Be sure to read the order carefully, as it may contain specific instructions regarding the custody of the child.

  4. What if the court denies my request for an ex parte hearing?

    If the court does not grant your request for an emergency order without notifying the other party, you will need to schedule a hearing. To do this, consult with the clerk of court or family law intake staff for guidance on local procedures. Once you have a hearing date, you must file a Notice of Hearing and serve the other party with this notice, along with any relevant documents.

  5. Are there any additional forms I need to file with the Emergency form?

    Yes, when submitting the Emergency Verified Motion for Child Pick-Up Order, you must also file several additional documents. These include a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit and a certified copy of any existing court orders related to custody or time-sharing. If you are the birth mother and no court order exists, you will need to provide a certified copy of the child's birth certificate. Make sure to gather all necessary documents to avoid delays in the process.

Common mistakes

  1. Incomplete Information: One common mistake is failing to provide all necessary details about the minor child(ren). Ensure that you include full names, birth dates, and physical descriptions. Missing this information can delay the process.

  2. Incorrect Signatures: Another frequent error involves not signing the form in front of a notary public or deputy clerk. Your signature must be notarized for the form to be valid. Skipping this step can result in the form being rejected.

  3. Neglecting Required Attachments: It is crucial to attach all necessary documents, such as the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit and any court orders regarding custody. Failing to include these can lead to complications in your case.

  4. Not Following Filing Procedures: Many people overlook the specific filing procedures required by the court. This includes ensuring the form is filed electronically, if applicable, and following local rules for scheduling a hearing. Ignoring these procedures can cause delays in your request.

How to Use Florida Emergency

Filling out the Florida Emergency form requires careful attention to detail. This process is essential for ensuring that the court has all the necessary information to act swiftly in emergency situations involving minor children. Following these steps will help you complete the form accurately and efficiently.

  1. Obtain the Florida Emergency form, known as the Emergency Verified Motion for Child Pick-Up Order, from the appropriate source.
  2. Type or print the form using black ink to ensure clarity.
  3. In the designated area, fill in the case number and the division information as required.
  4. Provide your full legal name as the petitioner and the name of the respondent.
  5. In paragraph 1, list the names, sex, birth dates, race, and physical descriptions of the minor child(ren) involved.
  6. In paragraph 2, indicate who currently has physical possession of the child(ren) and their relationship to the children.
  7. Answer whether you are married to the individual mentioned in paragraph 2 in paragraph 3.
  8. In paragraph 4, explain your superior right to custody or time-sharing over the individual named in paragraph 2, checking all applicable boxes.
  9. Attach any necessary documents, such as custody orders or birth certificates, as indicated in paragraph 4.
  10. In paragraph 6, provide facts regarding the current situation of the minor child(ren), checking all that apply.
  11. In paragraph 7, explain why advance notice of this motion should not be required.
  12. Fill out your contact information in paragraph 8, ensuring that you can be reached for notice of an emergency hearing.
  13. If applicable, indicate in paragraph 9 whether you are requesting attorney's fees, costs, and suit monies.
  14. Sign the form in front of a notary public or deputy clerk to validate it.
  15. Make copies of the completed form and all attachments for your records.
  16. File the original form and attachments with the clerk of the circuit court in the county where the child(ren) is physically located.
  17. Request that the clerk processes your motion through emergency procedures.

After submitting the form, you will need to follow any additional instructions provided by the court. Be prepared to attend a hearing if necessary, and gather any evidence that supports your motion. Understanding the court's requirements will help ensure a smoother process moving forward.

File Specs

Fact Name Fact Description
Purpose of the Form This form is used to request a court order for law enforcement to take a minor child from their current physical custodian and return them to the petitioner.
Eligibility Criteria The petitioner must have a pre-existing legal right to custody or time-sharing, such as a court order or being the birth mother of a child born out of wedlock.
Emergency Use This form is intended for emergency situations only, where immediate action is necessary for the child's safety.
Ex Parte Order The form presumes a request for an ex parte order, meaning the other party does not receive advance notice of the hearing.
Filing Requirements The original form must be filed with the circuit court clerk in the county where the child is physically located, along with all required documents.
Electronic Filing All petitions and documents must be filed electronically, unless exceptions apply, in accordance with Florida Rule of Judicial Administration 2.525.
Service of Documents After the initial service of process, subsequent documents must be served electronically, following Florida Rule of Judicial Administration 2.516.
Supporting Documents Petitioners must file additional documents, such as a UCCJEA Affidavit and proof of custody or birth certificates, depending on their situation.
Legal Authority This form is governed by the Florida Supreme Court Approved Family Law Form 12.941(d) and is subject to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
↓ Florida Emergency PDF Form

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