Orange County, Florida Out-of-State Registration of Custody Order/Emergency Custody Matter D.R. v. J.V.

Summary: The Father in this action was always involved in the upbringing of the minor child and was the majority timesharing parent. The Father, the child, and the Mother all lived in New York. In January 2017, the Mother requested to take the minor child on a trip to visit her family in Florida. The Father agreed to the Mother’s request and the Mother left with the minor child to Florida. After not hearing from the Mother in a few days the Father grew concerned and filed an action against the Mother in New York. The Father obtained an Order in New York awarding him full custody of the minor child. After attempting to obtain an Order from a Florida Court to obtain the child without success, the Father hired Bernal-Mora & Nickolaou. Attorney Bernal-Mora filed the appropriate Motions with the Court in order to register the New York custody order and enforce it on an emergency basis by obtaining a pick-up order for the minor child. After the filing of the Emergency Motion, the Court immediately set a hearing on the Father’s Motion. At the hearing, the Court heard testimony and took into evidence the Orders from New York.

Resolution: The Court entered the Pick-Up Order and ordered that the minor child be returned to the Father immediately. The Father was able to pick up the minor child that afternoon and travel back to New York.

About the Author
Andrew Nickolaou, Esq., B.C.S., is a founding partner at Bernal-Mora & Nickolaou, P.A. He practices almost exclusively in divorce, marital and family law. Andrew and his partner, Ophelia Bernal-Mora, Esq., B.C.S., joined forces in March 2016 to form the unique and boutique husband and wife family law team at Bernal-Mora & Nickolaou, P.A. Together, Andrew and Ophelia take a practical and team-based approach to all of their cases and clients to deliver the highest quality experience and representation.