Legal Question in Family Law in Florida
Unmarried couple, mother lives with 10 y/o son in NY for 8 yrs as single parent. Four years ago his father vacationed in Florida, remained there and decided to relocate; married, had 2 kids there, and resides there today. This Summer he wants son to visit him there for a period of time we can't agree upon. Me and son prefer weeks, father prefers entire Summer. If my son goes, do I have to be concerned with any Florida state laws or Father's Rights clauses that would automatically make my son a permanent Florida resident judging by the amount of time spent visiting his Dad? I receive no child support, neither one of us has sole custody or any other type of custody. My son has lived with me since birth. Trying to be fair to my son to let him visit with his Dad, but have concerns about his smooth return to NYC.
1 Answer from Attorneys
To be safe, you should discuss all this with a New York lawyer and have an agreement drawn up. As a general rule, though, a child's residency doesn't change until a child has lived in the new state for six months.
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