Legal Question in Family Law in Florida
Legal rights of Father (never married) in Florida
My girlfriend and I have never been married but we have a 2 year old son together. We lived togther for over a year and tried to make our relationship work...but we failed. We have NEVER seen a lawyer or put any type of custodial agreement together. Our son splits the week between us, we share the daycare fees, split the cost of diapers, groceries, etc. It is a 50/50 relationship in all matters concerning our son. While he has my last name, my girlfriend and I agreed that we would have ''shared custody'' but it would ultimately favor her if we ever had to go to court (which we never have). She is now talking about moving out of state and taking our son with her despite my protests. What are my legal rights without a clear custody agreement? Can she legally move out of state with my son against my will?
2 Answers from Attorneys
Re: Legal rights of Father (never married) in Florida
Consult a local family law attorney right away.
Re: Legal rights of Father (never married) in Florida
No she cannot. The law just changed October 1st, requiring her to persuade the court it is in the child's best interest to be aloud to move the child away from you. There is an entire process that she must go through in order to obtain the court's permission, and there is no guarranty that the court will side with her. If her reasons to relocate are not good enough, she may not be able to move him. If you have any more questions feel free to contact me. It doesn't matter that you were never married.
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