Legal Question in Family Law in Florida
Florida Child Custody
My ex and I have 5 months old twins. We were never married and now she wants to move back to Louisiana where her parents are. If she goes with the kids can I force her to come back? I read the time frame was 6 months. Can I stop her from going with the kids?
2 Answers from Attorneys
Re: Florida Child Custody
To stop her you need to hire an attorney and file a paternity action ASAP. You will also need to get an emergency order prohibiting her from relocating out of state with the children - if that is not already covered by your counties administrative order (normally the Administrative order only applies to Dissolution of marriage actions).
Good luck.
Re: Florida Child Custody
Unless your father's rights have been established (usually either through a child support action or a paternity action), you should file a paternity action right away. If your father's rights have been established, or if you file a paternity suit, Florida Statute 61.13001 protects you.
That statute forbids her from legally moving your twins more than 50 miles from her current residence without giving you the right to object and have a court hearing.
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