Legal Question in Family Law in Florida

Re: children

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Absolutely, it is his baby too and both parents have a right to have custody - not just the mother. The right to custody is afforded both parents whether or not you choose to move from the state. The non custodial parent has rights of visitation and both parents will always have joint parental responsibility.

Scott R. Jay, Esq.

Re: children

Both parents have a right to ask for custody, whether you try to relocate or not. The non-custodial parent gets "visitation." Because of this right, even if your ex does not have or get custody, he can still contest your relocation as he will not be able to visit with the child. You, or course, have the right to relocate without the child. If you want to have full custody AND relocate, the court will have to decide whether to let you do that based on the best interest of the child (if your ex contests your relocation with the child).