Legal Question in Family Law in Florida

leagally obtaining physical custody

my situation is this...my ex-boyfriend and I have 2 children together, and I relocated from FL to GA. We never went to court to determine the physical custody out, we decided that each of us would keep one child. I have since changed my mind, and I want the boys to be together. He is giving me a difficult time. I want to know if I can legally go to FL and obtain physical custody of the child he has. (incidentally the birth certificate does not have the fathers name on it) If that makes any difference.


Asked on 3/17/07, 10:51 am

3 Answers from Attorneys
Joel Bello Joel Bello, P.A.

Re: leagally obtaining physical custody

Florida would be the proper forum. You should consult with an attorney quickly as your child's mental health may be affected by the separation.

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Answered on 3/19/07, 10:59 am
David Slater David P. Slater, Esq.

Re: leagally obtaining physical custody

You will have to seek custody in a Florida court.

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Answered on 3/17/07, 1:37 pm
Marie-Anne Oatley

Re: leagally obtaining physical custody

It makes a big difference. Without his name on the birth certificate or a subsequent affidavit, he is not the legal father and therefore not a legal guardian. All you have to do is ask for your child back. It will then be up to him to prove paternity if he wants custody or visitation. The down side of this is that he does not have any legal obligation to support the children in any way.

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Answered on 3/18/07, 8:31 pm


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