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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16720
Experience:  Experienced Licensed Attorney
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How likely is it for a fl judge to grant a pick up motion for

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How likely is it for a fl judge to grant a pick up motion for a 17 yr old whomleftbher moms house in fl to flee at least a verbally abusivevhome to go live with her dad and step mom in ny? She was not kidnapped, she walked on a plane herself bought her own ticket. Apparently she had tried this several times previously, but was thwarted. She turns 18 in 2 months. Parents have shared custody. Fathers atty filed emergency change of custody. So to recap, how likely is it for a fla judge to grant a pick up if motioned? Thank you
Hello. My name isXXXXX am a Florida licensed attorney and I will be happy to answer your question.

Where is this 17 year old now and where was the Emergency Motion filed?

Please provide me with some details.

Customer: replied 4 years ago.
The motion had not been filed yet, that I know of. The girl is with her father in ny. Her fathers Florida atty filed a change of custody motion yesterday, but is wondering how likely it would be given her age, that a fla judge would grant a pick up motion? The girl has wanted and begged and tried to leave to live with the father since December. If not physical, there is mental abuse. Since she is nearly 18 and supposed to attend SuNY purchase in sept ( something the mother and stepfather were trying to prevent) curious to know if a judge would grant such an order ( pick up) thank you
Thank you for your follow up.

Did the mother report the 17 year old as a "runaway" to the police?
Customer: replied 4 years ago.
Yes, and the local police came to our house and saw she was there safe, she told them she wanted to be there, and was there of her own accord. The local police told us they would report the safe findings to west palm beach sheriff. This was Sunday pm.
Customer: replied 4 years ago.
No not a runaway
Customer: replied 4 years ago.
She was not reported as a runaway
Thank you for your follow up.

It is possible for the mother to obtain a court order to get the 17 year old moved back to the mother's house, however the 17 year old will get a chance to testify in court and also it is important for the father to consult and retain local attorney to represent him in any emergency custody court proceedings and given the fact that the minor is 17 and almost 18 and that the minor is not in an immediate threat of harm or danger, it is not very likely that the minor would be ordered to be taken back to the mother's custody, but it is still possible.

I wish you the best of luck!
Customer: replied 4 years ago.
You mean we should obtain counsel in ny even though we have fla counsel
Thank you for your follow up.

As long as, you have a local Florida counsel, that should be sufficient, unless the mother tries to also start custody proceedings in NY state.

I wish you the best of luck!
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