I was denied a emergency to pick up order due to the fact I have not domesticated the decree I need to know since I am short in time if I can do both at the same time or I have to do one wait and than the other
There are not enough facts here to answer this question properly. Don't try to do it yourself, get an attorney.
R. Jason de Groot, Esq., 386-337-8239
This is not an easy task and more information is needed to determine if and how you can proceed. Please contact my Orlando office at 407-377-6828 to discuss further.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Yes, you may file your petition to domestic your foreign judgment ("decree") at the same tie you file your motion for an emergency pick up order. In fact, it's common.
The contents of this answer should be considered friendly advice, not legal advice (I'm a pretty friendly guy), and the answer should not be construed to constitute an attorney-client relationship. If you'd like actual legal advice, call me for a free consultation at 813-635-0222. Also, if you liked this answer as much as my big ego thinks you did, be sure to click the thumbs-up button!
Some judges will deny an emergency motion for pick up order when a decree has not been domesticated yet because they belief their "jurisdiction" or power to rule over your case has not been established. So, the judges prefer a petition to adopt a decree from another state to be processed first and then, once they have domesticated and it becomes a Florida order, they will listen to the emergency motion for pick up order.
Alejandro R. Lopez, Esq.
Law Office of Alejandro R. Lopez, P.A.
4465 Edgewater Dr,
Orlando, Fla. 32804
Ph.: (407) 649-1404
E-mail: [email protected]
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline