Fill in a Valid Florida Emergency Form

• This form is specifically designed for emergencies, allowing a person with a legal right to custody to request law enforcement to take a child from another individual.
• The form should only be completed by someone who has either a court order for custody or is the birth mother of a child born out of wedlock.
• It is essential to explain the reasons for requesting an ex parte order in paragraph 7 of the form, as this allows the court to understand the urgency of the situation.
• All documents must be filed electronically unless specific exceptions apply; compliance with local procedures and rules is crucial.
• When filing, include necessary attachments such as a certified copy of the custody order or the child's birth certificate if applicable.
• After obtaining the court order, it is necessary to serve it personally to the other party to ensure they are informed of the proceedings.
• Individuals should prepare for a hearing by gathering evidence and being aware of the specifics outlined in the court's order regarding the child's custody.

1. Incomplete Information: Failing to provide all necessary details about the minor child(ren), such as their full names, birth dates, and physical descriptions, can lead to delays or rejections of the motion.

2. Missing Signatures: Not signing the form before a notary public or deputy clerk is a common oversight. This step is crucial for the form to be considered valid.

3. Incorrect Filing Location: Submitting the form to the wrong clerk of the circuit court can cause significant delays. Ensure you file in the county where the child(ren) is physically located.

4. Neglecting Supporting Documents: Forgetting to attach required documents, such as a certified copy of the custody order or the child’s birth certificate, can result in the motion being dismissed.

5. Ignoring E-Filing Rules: Not adhering to the electronic filing requirements can lead to complications. It is essential to understand and follow the specific rules for your judicial circuit.

6. Failure to Explain Emergency: Not adequately explaining why an ex parte order is necessary in paragraph 7 can weaken your case. Clear, compelling reasons are critical.

7. Incorrect Contact Information: Providing outdated or incorrect contact details can hinder communication. Ensure that the contact information is current and accurate.

8. Overlooking Hearing Notifications: Failing to file a Notice of Hearing after the court schedules a hearing can lead to missed opportunities to present your case.

9. Confusing Legal Terms: Misunderstanding terms like "custody" and "time-sharing" can lead to incorrect assertions. It is important to be clear on your legal rights.

10. Not Seeking Help When Needed: Many individuals hesitate to seek assistance from legal professionals or court staff when they encounter difficulties. Utilizing available resources can provide clarity and support.

Misconception 1: The Florida Emergency form can be used by anyone.

This form is specifically designed for individuals who have a pre-existing legal right to physical custody of a minor child. Only those with a court order for custody or time-sharing, or the birth mother of a child born out of wedlock, should use this form. Misunderstanding this requirement can lead to unnecessary complications in the legal process.

Misconception 2: You must give advance notice to the other party before filing the form.

One of the key features of the Emergency Verified Motion for Child Pick-Up Order is that it allows for an ex parte order. This means that you do not need to notify the other party in advance of the hearing. However, you must clearly explain your reasons for this request in the designated section of the form.

Misconception 3: Filing the form is the only step you need to take.

After filing the Emergency form, there are additional steps to follow. You must take a certified copy of the court order to the sheriff’s office and ensure that the order is served personally to the other party. Ignoring these steps can hinder the enforcement of the order.

Misconception 4: You can file the form in any county.

The form must be filed in the county where the child is physically located. Filing in the wrong jurisdiction can delay the process and may even result in the dismissal of your motion. It's crucial to be aware of the correct location to ensure your request is processed efficiently.

• Emergency Motion for Custody: Similar to the Florida Emergency form, this document requests immediate custody of a child due to urgent circumstances. It emphasizes the need for swift action to protect the child's welfare.
• Temporary Restraining Order (TRO): Like the Florida Emergency form, a TRO can be filed in situations requiring urgent protection, often in cases of domestic violence or harassment. Both documents seek immediate intervention from the court.
• Ex Parte Motion: This type of motion allows a party to request a court order without notifying the other party, similar to the Florida Emergency form. It is used when immediate action is necessary to prevent harm.
• Petition for Emergency Guardianship: This document is used to request temporary guardianship of a child when immediate action is needed. It shares the urgency and protective intent found in the Florida Emergency form.
• Motion for Change of Venue: While not directly related to custody, this motion can be filed in emergencies to move a case to a more appropriate jurisdiction quickly, reflecting the need for timely legal action.
• Emergency Protective Order: This order is similar in purpose, providing immediate protection to individuals from threats or harm, often in domestic situations. Both documents prioritize safety and swift legal intervention.
• Application for Emergency Financial Assistance: While focused on financial needs, this application can be filed in urgent situations, similar to the Florida Emergency form's aim of addressing immediate concerns for a child’s welfare.
• Motion for Immediate Relief: This motion seeks quick resolution to pressing issues, akin to the Florida Emergency form's intent to secure a child's safety promptly. Both documents emphasize the necessity of rapid court action.

How to Fill Out Florida Emergency

After completing the Florida Emergency form, it is essential to ensure that all required documents are filed correctly and in a timely manner. This process involves gathering necessary information and following specific steps to ensure that the court receives the motion appropriately.

1. Obtain the Florida Emergency form (Family Law Form 12.941(d)) and read the instructions thoroughly.
2. Type or print the form in black ink.
3. Fill in your full legal name as the petitioner at the top of the form.
4. Provide the details of the minor child(ren), including their names, sex, birth dates, and physical descriptions in section 1.
5. In section 2, indicate the name of the person currently possessing the child(ren) and their address or location.
6. State your marital status with respect to the person named in paragraph 2 in section 3.
7. In section 4, indicate your superior right to custody or time-sharing with the child(ren) and provide any supporting documentation, such as court orders or birth certificates.
8. Complete section 5 by filing the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit (Form 12.902(d)).
9. In section 6, provide facts regarding the current situation of the child(ren), including any wrongful removal or immediate danger to their safety.
10. Explain why advance notice should not be given to the individual named in paragraph 2 in section 7.
11. Fill out your contact information in section 8, including addresses and phone numbers where you can be reached.
12. Indicate if you are requesting attorney's fees in section 9, if applicable.
13. Sign the form in front of a notary public or deputy clerk.
14. File the original form and all required documents with the clerk of the circuit court in the county where the child(ren) are located.
15. Request that the clerk process your motion through their emergency procedures.
16. Keep a copy of all filed documents for your records.

What is the purpose of the Florida Emergency form?

The Florida Emergency form, specifically the Emergency Verified Motion for Child Pick-Up Order, is designed to allow individuals with a legal right to physical custody of a minor child to request the court to issue an order. This order directs law enforcement to take the child from the current custodian and deliver them to the requesting party. It is intended for emergency situations only.

Who can use this form?

This form can be used by individuals who have a pre-existing legal right to physical custody of a minor child. This includes those who have a court order granting them legal custody or time-sharing rights. Additionally, the birth mother of a child born out of wedlock may use this form if there is no existing court order addressing the other parent's rights.

What steps should I follow after completing the form?

After completing the form, you must sign it before a notary public or deputy clerk. Next, file the original form with the clerk of the circuit court in the county where the child is located. It is essential to keep a copy for your records. You should also request that the clerk process your motion through emergency procedures.

What happens if the court grants my motion?

If the court grants your motion without advance notice to the other party, you will need to take a certified copy of the court's order to the sheriff's office. The order may contain specific instructions regarding the custody of the child, so it is crucial to read it carefully. You are responsible for ensuring that the order is served to the other party personally.

What documents must I file along with the Emergency form?

When filing the Emergency form, you must also include the following documents:

1. Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit.
2. A certified copy of the court order that establishes your legal custody or time-sharing rights, if applicable.
3. A certified copy of the child's birth certificate if you are the birth mother and no court order exists.
4. A certified copy of any judgment establishing paternity, time-sharing, or custody of the child.

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

If the court denies your request for an ex parte hearing, you should consult with the clerk of court or family law intake staff to learn how to schedule a hearing on your motion. You will need to file a Notice of Hearing and serve it to the other party, along with any court orders if applicable.

Are there any electronic filing requirements for this form?

Yes, the Florida Rules of Judicial Administration require that most petitions, pleadings, and documents be filed electronically. While self-represented litigants are not mandated to file electronically, if you choose to do so, you must comply with Florida Rule of Judicial Administration 2.525 and follow local procedures. It is critical to read and understand these rules before proceeding.

In family law cases, particularly those involving child custody, several forms and documents are often utilized alongside the Florida Emergency form. Each document serves a specific purpose in ensuring that the legal process is followed correctly and that the rights of all parties involved are protected. Here is a list of key forms that may be required:

• Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Form 12.902(d): This affidavit establishes the jurisdiction of the court in custody matters. It provides information about where the child has lived and any previous custody orders.
• Notice of Hearing, Form 12.923: This document notifies the other party of the scheduled hearing regarding the motion. It includes details such as the date, time, and location of the hearing.
• Order to Pick-Up Minor Child(ren), Form 12.941(e): This is a potential order that the judge may issue to law enforcement, directing them to take the child from the current custodian and return them to the requesting party.
• Certificate of Service, Form 12.914: This form certifies that all necessary documents have been properly served to the other party, ensuring that they are aware of the proceedings.
• Designation of Current Mailing and E-mail Address, Form 12.915: This form allows parties to designate their current mailing and email addresses for service of documents, which is essential for communication throughout the case.
• Affidavit of Paternity: If applicable, this document establishes the legal father of a child. It is often necessary when there is no existing court order regarding custody or time-sharing.
• Petition for Modification of Custody or Time-Sharing: This document requests a change to an existing custody or time-sharing arrangement. It outlines the reasons for the modification and the desired changes.
• Response to Motion: This form is used by the responding party to address the claims made in the motion. It provides their side of the story and any defenses they may have.
• Financial Affidavit: In cases where financial matters are relevant, this document discloses the financial status of the parties involved, including income, expenses, and assets.
• Temporary Custody Agreement: This form outlines a temporary arrangement for custody and time-sharing while the case is pending. It is often used to establish immediate care for the child.

Understanding these forms is crucial for navigating the family law system effectively. Each document plays a role in ensuring that the rights and responsibilities of all parties are clearly defined and upheld throughout the legal process.