Legal Question in Family Law in Florida
if two people arent married and live together (2 years) and have a child (in this case 2 months old) is custody 50/50? i was thinking of moving to new jersey and i don't think the dad can go, but i didn't want that to stop me from moving...if i'm a fit mother, is there anything he can do legally to stop me from moving to another state?
2 Answers from Attorneys
Yes, you need court permission to relocate legally.
There is no "custody" if you live together. I suppose you could say the you both have 100% custody if you are living together.
Since he hasn't established his father's rights by court order, some judges believe you can move without his permission. However. most judges believe that you must follow Florida Statute 61.13001, which requires a specific procedure and forms for getting permission from the father or a judge before you can move. If you move without following the procedure, you could lose custody. You should also be aware that permission to move is rarely granted by judges.
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