“She Took Our Child and Won't Tell Me Where They Are” — Now What?

This is one of the most terrifying messages we receive:

"The other parent took our child and won't tell me where they are. What can I do?"

It feels like kidnapping. It feels wrong. And emotionally, it is. But legally? If you don't have a court-ordered parenting plan, the hands of law enforcement—and the courts—may be tied.

Let's walk through what's real, what's possible, and what to do next if you're in this situation in Florida.

❌ Why Police Often Can't Help

If there is no existing court order that outlines custody, time-sharing, or parental responsibility, then both parents have equal rights to the child under Florida law.

That means:

• The police cannot enforce a verbal agreement.

• You cannot get a “pick-up order” without a court order already in place.

• It's not considered a crime unless there's a safety threat or someone is violating a court directive.

✅ What You Can Do Legally

1. File a Petition Immediately

You'll need to formally file a case in court. This could be:

• A Petition for Dissolution of Marriage (divorce) with minor children

• A Petition to Establish Paternity and Time-Sharing if you were never married

You can—and probably should—file an emergency motion at the same time asking the court to:

• Establish temporary timesharing

• Prevent the other parent from removing or withholding the child

• Order them to disclose the child's location

📝 Tip: The court will only treat it as an “emergency” if there's evidence of imminent harm, flight risk, or serious mental health or substance abuse issues. Otherwise, the motion might just be expedited—not emergency.

2. Consider Contacting DCF

If you are concerned about the child's safety, but not necessarily able to prove a legal emergency:

• You can call the Florida Department of Children and Families (DCF)

• Ask for a well-child check if there's a concern for abuse, neglect, or abandonment

This is not a guarantee of action, but it can open a protective investigation if warranted.

🚨 When It Is an Emergency

If there is credible evidence that:

• The child is in danger

• The other parent is hiding the child across state lines

• The parent is threatening harm or exhibiting unstable behavior

You should:

• Contact an attorney immediately

• File an emergency verified motion with specific facts and supporting documents

• Include affidavits, screenshots, police reports, or witness statements

🧠 Don't Let Emotion Drive the Strategy

It's easy to spiral when you feel powerless. But here's what we tell our clients:

• Don't text threats or lash out on social media

• Do keep a record of every attempt to contact the other parent

• Do stay calm, gather proof, and move fast in court

Even though it doesn't feel fair, the system is designed to protect due process. That means your best move is a strategic legal plan, not emotional retaliation.

⚖️ How We Can Help

At Family Matters Law Group, P.A., we guide parents through:

• Emergency and expedited motions

• Paternity and custody petitions

• Mediation and timesharing negotiations

• DIY Legal Coaching if you want to file on your own but need support

We offer flat fees, strategy sessions, and legal coaching so you don't have to feel stuck—or broke.

🔗 Internal Calls to Action:

• Learn about our Flat Fee and Coaching Options

• Need help filing? Start with a Strategy Session

• Browse our Free Florida Family Law Education Group

Bottom Line:

If the other parent took your child and there's no court order in place, the police likely can't help—but the court can.
File quickly. Document everything. Don't wait for things to get worse.

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