Legal Question in Family Law in Florida
Custody & Leaving State
This is regarding specifically Florida law. My 17 year old has a child. The father is on the birth certficate. He has not yet petitioned for parental rights.
I have been planning for a while to leave florida in favor of a lower cost of living (I'm a single mom of 5!!) in another state-probably Kentucky.
I've been told that my daughter cannot leave the state without notifying him. Does this mean that he can legally stop her?
1 Answer from Attorneys
Re: Custody & Leaving State
The law is in a state of flux about this because Florida relocation law has changed recently. In some counties, judges are ruling that, because he hasn't established fathers' rights, you are free to go. In other counties (particularly Orange County), judges have been so severe as to rule that, by moving, you are giving up your right to the child, at least temporarily until the case is settled.
Please see a lawyer about this. I think your best bet is to notify him and follow the statutory relocation procedure before you attempt to move.
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