Legal Question in Family Law in Florida

Re: child custody

Since an unmarried father has no father's rights in Florida until a paternity suit is filed, you'd think the mother could go ahead and move and the father couldn't stop her.

However, judges have been taking very harsh stances against parents who move away from the other parent lately. I've even seen judges immediately switch custody to the father over it.

So can she legally? I think yes, but, with the wrong judge, the consequences could be severe.

Re: child custody

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

She is not supposed to without a determination of child custody and who the primary residential parent will be by a court of law. Futher, she should not leave the jurisdiction of the court without a specific order.

Scott R. Jay, Esq.