Legal Question in Family Law in Florida

What rights do I have as an unwed father who pays court ordered child support? My son's mother and I have never set up court order visitation (In Florida.) I see my son whenever I want. Recently she moved to PA w/out my consent and/or knowledge. She told me it was because of her job but now it all makes sense because she text me informing me she's engaged and is living w/ her finance. She has been living in PA almost 3 weeks now - she told me 2 weeks later that she already moved. I think she did all this behind my back knowing I would not allow her to move out of state w/ my son. Sorry this is so long but i'm at a loss as to what to do. Attorneys i've spoken w/ are too expensive and I make too much for any free assistance. My son is my life - I want my son back in Florida!!!!!


Asked on 8/26/09, 5:16 pm

1 Answer from Attorneys
Kari Molnar Black & LoBello

You have full rights to your son. Since there is no court order as to custody, visitation, etc. you should file a Petition for Custody/Visitation in Florida. Since you already have a court order for child support I am assuming your paternity has been established through a court. There is a statute, the UCCJEA which states that wherever the child has lived for 6 months prior to filing an action is the child's home state. Since your ex moved less than a month ago, you have a few months to file your action in Florida, before it loses jurisdiction and the action has to be heard in Pennsylvania. If you only want a visitation order, that usually is not a problem and depending on your son's age, should be able to get his vacations from school and summers. Good luck.

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Answered on 9/07/09, 1:17 pm


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