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  1. #1
    jasmine rojas is offline Junior Member
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    temporary custody vs emergency pick up order for a minor

    What is the name of your state? Florida
    Here is my problem. I let my child go visit his father in NY for the summer and
    he is refusing to return him so he can start school here in Florida. I have and
    emergency pick up motion from the state of Florida but the father has just
    filed for custody and has temporary custody till the hearing. Can I go up to
    New York and take my child back to Florida with this court order or does
    the temporary custody order win out? If anyone has been in this situation please
    let me know. my child was born in NY but has lived down here for over 2 years.
  2. #2
    stealth2 is offline Senior Member
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    Where was the original custody order from?
  3. #3
    Ohiogal is offline Senior Member
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    And where did dad file for custody and receive the temp order?
  4. #4
    jasmine rojas is offline Junior Member
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    the pick up order was issued in florida where I have lived with my son and the father for 2
    years.The father just recently moved back to NY in May. He filed for temp custody up there
    but he is not a resident yet, I dont think he is. Can he file up there even though he has
    not lived there for 6 months?
  5. #5
    Rushia is offline Senior Member
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    are those flames?!!!
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    Quote Originally Posted by jasmine rojas
    the pick up order was issued in florida where I have lived with my son and the father for 2
    years.The father just recently moved back to NY in May. He filed for temp custody up there
    but he is not a resident yet, I dont think he is. Can he file up there even though he has
    not lived there for 6 months?
    Where was the ORIGINAL order from? If son was born in NY, did you file for support, visitation issues PRIOR to moving to FL?
  6. #6
    jasmine rojas is offline Junior Member
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    No I moved down here with the father in 2004 from NY . I left him last year because
    of personal reasons and lived with my son. We had no custody papers filed and we were
    never married.
  7. #7
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by jasmine rojas
    No I moved down here with the father in 2004 from NY . I left him last year because
    of personal reasons and lived with my son. We had no custody papers filed and we were
    never married.
    If custody was never court ordered, filing a pick up order in Florida isn't going to do any good. There isn't any case existing in which to base the motion on.

    Did a COURT in NY issue a temporary custody order? If so, then you'll have to file any motions, etc. in NY because they have jurisdiction.
  8. #8
    jasmine rojas is offline Junior Member
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    why would NY have jurisdiction if my child has lived in Florida for the last 2 years.
    Also I have filed for custody down here and plan to serve him the papers asap. I have
    not been served by the father. So does it matter who gets served first? I went up
    to NY over the weekend and the father let me have my son overnight at my mothers.
    I took my son the next day and flew down here to Florida and he is now living with
    me and started school today. Am I right to think that the father cant come down here
    and take my son away since he is in my custody right now?

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