Legal Question in Family Law in Florida

I am currently living with the mother of my child we are not married have been together for over 4 years with a 3 yr old child. We live in florida but now whenever a fight or disagreement occurs she says she is going to move back to new york with my child. I am on the birth certificate but that is it. is there something I can do to prevent her from just taking off on a whim? Not sure if I have to file for joint custody or what to do given the fact were still living together


Asked on 12/17/10, 7:20 pm

1 Answer from Attorneys

Elliot Goldstein Law Offices of Elliot Jay Goldstein

Generally, until you file a Petition with the Court to establish your parental rights, the mother has the power to make all decisions regarding the child. This is because we know who the mother is, but anyone can claim to be the father. Once the Petition is filed, other then how the specific facts of the given case play out, the Court is not supposed to show any preference for either parent.

Have you been a resident of Florida for at least the past six (6) months.

The above information is provided without any consideration having been received, and without full knowledge of all of the facts.

An internet inquiry is no substitution for an in-office consultation with an attorney.

If your situation falls within the Greater Tampa Bay area, I would be happy to schedule you for a no obligation half hour office consultation. The main office is in Largo, with a satellite location in Tampa.

Good Luck, Elliot Goldstein

Law Offices of Elliot Jay Goldstein, P.A.

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Answered on 12/22/10, 7:41 pm


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