QUESTION
Will I be able to speak before the judge when I go to court for an Emergency Verified Petition for Child Pick-Up Order?
Asked on Mar 22nd, 2016 on Family Law - Florida
More details to this question:
Is there any forms I will need to file to protect myself in this matter? Her mother has two cases of abuse, one pending and one closed with findings of physical abuse on my daughter. She has been none compliant with Child protective services. I have the paperwork for paternity, but this just arrived. My daughter was taken back to her mom on Saturday by law enforcement. I willingly cooperated. My daughters school called me for my consent for the mother to withdraw my child from school and I declined and was informed I could pick her up. So I did. Now this, please help.
1 ANSWER
If the paternity has not been established you have no "legal" rights to the child and the mother is the sole custodian of the child. You need to file the Petition to Establish Paternity and Related Relief ASAP.
At the hearing for the Pick Up Order you will be given the opportunity to testify and you should definitely inform the judge of the abuse cases and bring any and all documents you have regarding the dependency cases. Also, ask the judge to do an Agreed Final Judgment of Paternity at the time of the Pick Up Order hearing (make sure you filed the paternity case and served the Mother with the documents prior). Thereafter, you need to convince the judge that it is not in the best interest of the child(ren) that they stay with the Mother. Explain in detail why.
See below link to helpful forms.
http://www.flcourts.org/resources-and-services/court-improvement/problem-solving-courts/family-courts/family-law-forms.stml
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Mar 23rd, 2016 at 11:22 AM