Legal Question in Family Law in Florida

Leaving Florida with son

My daughter would like to move out of state to live with her fiancee and take her 2 year old son. She was never married to the boy's father and the father does not provide child support or visit the child on a regular basis. There are no legal documents addressing visitation or support. Can she take her son out of state without the father's permission?


Asked on 10/30/07, 6:49 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Leaving Florida with son

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

It is not proper to leave the State without permission of the Court. Your daughter has no greater rights than the father, unless and until a court grants those to her. Each of the parents are supposed to share in the parenting of the children and by moving she is denying the father his rights.

Scott R. Jay, Esq.

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Answered on 10/31/07, 12:09 am


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