Legal Question in Family Law in California
I want to move myself and my son to Florida permanently
I have a 6 year old son. His father and I were never married. Nor is there any court papers drawn up about support or visitation. My current husband has a job offer in Florida, and we want to move there permanently. What do I have to do to make sure I move my son legally? His father has never filed paternity or paid child support. My son sees his father every other weekend and a couple of nights during the week. Is it legal for me to just pack and go without saying anything to his father? Also, can I file with the Florida courts as soon as I get to florida? We are planning on leaving for Florida at the end of June.
2 Answers from Attorneys
Re: I want to move myself and my son to Florida permanently
Hiding a child from a person who has a right to custody or visitation with the child is a felony. Even though there is no paternity order, many judges would take a dim view of you just taking off to Florida without making arrangements for visitation.
The fact that dad has not paid support is not the issue in your case. The important factor is that dad has had regular visitation with the child. It would be best if you tried to work out a visitation schedule with dad.
Just moving without at least attempting to work out visitation is risky.
Re: I want to move myself and my son to Florida permanently
Yes, it is legal for you to pack up and leave. You cannot file in Florida for at least 3 months. The father may try to truncate this process by filing in Califnornia before the 3 months is up. But the CAlifornia court will probably award you custody anyway, even in Florida as you have a pattern of being the primary caretaker.
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