Legal Question in Family Law in Florida

I was living in Fl with my four month old, but I had to move back home to Ohio for financial reasons.I have been the primary caregiver since he was born.We currently have no custody order.However I found out that after I moved the father of the child filed a paternity case against me in FL.I want to know what kind of rights does he have in this case.I have a job here and a lot of family support. Could he have my four month old sent back to FL?Also what steps could I take to make sure that doesnt happen?

Asked on 3/02/13, 1:53 pm

4 Answers from Attorneys

David Slater David P. Slater, Esq.

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Without reading the papers it is hard to respond. If he is the father and is only asking for this determination I see no risk. Down the road he may seek other relief such as visitation and

joint custody.

Answered on 3/02/13, 1:59 pm

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

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If you were not married to him and there was never a custody order, you are the legal custodian and can move as you see fit.

If he has filed to determine paternity, with such determination, visitation (time sharing) and child support will be addressed. He can ask for your return but he will have to show how your return will be in the best interest of the child. If he has not been involved with the child, the likely outcome will be a long distance time sharing plan which would have to take into account the child's infancy.

Speak with an attorney who can review the Paternity documents and assist you with a response.

Natalie Hall, Esq.

[email protected]

(407) 412-7035

Answered on 3/02/13, 2:19 pm

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John Smitten Carey and Leisure

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He is filing a petition to establish his rights, that said he did it after you moved so you should be fine. Contact my office for free consultation 727-446-7659-

Answered on 3/02/13, 2:21 pm

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