Legal Question in Family Law in Florida
Can I take my son out of state? I'm his father he has my last name and I'm on the birth certificate. Right now he lives in Florida and I live in Rhode Island, there is no and was never a custody anything. His mother has told me if I come down I can take him but I'm worried she is setting me up or will change her mind when I get there and call the cops or something.
3 Answers from Attorneys
If you were not married, you can. That does not mean she won't call police . Get something from her in a notarized writing.
You need to establish your paternity of the child through the courts. When a child is born to an umarried couple, the mother is considered to have sole custody of the child until paternity is established through the court.
The benefit to you from doing this is to get a Parenting Plan established that gives you specific times with the child and will prevent the mother from withholding the child from you.
You should speak with a family law attorney in the area where the child lives to discuss your options.
Get a court order that establishes your parental rights first.
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