Custody & Emergency Pick Up Order

by Anonymous from Florida

I have a male friend who is worried for the safety of his daughter who is in the full custody of her mother.

According to him she does several different drugs and is now selling prescription pills from her home where his daughter lives.

He is wondering how can he legally remove her? Can he petition for an emergency removal?

Answer to Florida Child Custody Question

Dear Anonymous,

Does your friend have visitation with his daughter; and has his paternity been established?

Why does the mother have “full custody”?

Can he prove that the mother is selling prescription drugs?

Assuming that your friend's paternity has been established, by, at minimum, a child support order; and that he has a right to visit his daughter, he can file a Emergency Verified Motion for Child Pick-Up Order based on the fact that the child is in imminent danger of harm.

As a practical matter, if your friend has visitation with his daughter, it may be simplest if he files a motion when the child is visiting him.

Then it wouldn't need to be for a pick-up order, but for emergency modification of child custody. He needs to make sure that the allegations in his motion rise to the level of emergency, and are not just rantings from an angry ex.

If there are any police reports that he can attach to his motion that show there is drug activity at the mother's house, or if she has any history of drug use or abuse, they will inform the court of the gravity of the situation.

And of course, your friend must be squeaky clean. The part in your question stating that the mother has full custody is a little worrisome on that basis.

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