Legal Question in Family Law in Florida
In 2007, I let my parents attain guardianship of my son to make sure my ex could not get any custody of him. My attorney there, in Arkansas, said that he had no rights to him because we were never married nor ever lived together, but we wanted to make sure for his sake because my ex was into drugs and violence.Since then, we have moved to Florida. Now, I want to move to Ohio with my now boyfriend and wanted to know if they could fight against me taking my son, too.
1 Answer from Attorneys
If there hasn't been a paternity or child support order in any state declaring him the father, then under Florida law he has no father's rights. Most judges believe that you have the right to move when the father hasn't established rights. However, the laws prohibiting relocation from Florida are relatively new, and some judges believe you can't move even if the father hasn't established his rights by court order.
You'll have to speak with a local lawyer who knows your local judges to be sure.
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