Legal Question in Family Law in Florida

Father is in prision and has two years remaining
Can i move and take my son from florida to VA
We are not married and my son is 8

Asked on 1/29/13, 10:16 am

4 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

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As long as he has not filed an action in the court for visitation and/or custody/child support rights, then YES. In other words if there is nothing but his name on the birth certificate you can do so.

Answered on 1/29/13, 10:21 am

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Gregory Buckley Gregory T. Buckley, Attorney at Law

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If paternity of the child has never been established through the courts, or if there is no existing time-sharing/visitation schedule in place, then you may move with the child without the father's consent.

Answered on 1/29/13, 10:28 am

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Natalie Hall The Law Office of Natalie D. Hall, P.A.

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I agree. If the child is born out of wedlock, as the mother of the child, you are the natural and legal guardian with full custodial rights and can move with the child unless there is a pending court action or prior court action regarding time sharing (visitation) with the child. If there is, then you would need consent from the Father or Petition the court to relocate.

Natalie Hall, Esq.

(407) 412-7035

[email protected]

Answered on 1/29/13, 11:21 am

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