Legal Question in Family Law in Florida
Our son is in prison and has under 3 years remaing. He and his girlfriend both had percription legal drug related charges. She is now free and off probation. She is planning on moving out of the State of Florida this summer. Is there anything our son can file through the courts to keep her from taking his son our of the state?
2 Answers from Attorneys
How old is the child? Has paternity ever been established through the courts? Has there ever been a time-sharing/visitation schedule? If not, he needs to file a Petition to Establish Paternity as soon as possible. Once he does that and gets the mother served, she will need to comply with Florida's Parental Relocation Statute (Chapter 61.13001) if she wants to move the child more than 50 miles.
If there is no court order pertaining to the parties and the child then he has no rights until such time as he goes to court to enforce them. Contact my office for free consultation 727-446-7659.
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