Legal Question in Family Law in Florida

Wanting to move out of state but afraid ex will object.

My new husband and I are looking to move out of state at the begining of the year. We just found out that b/c there is no court appointed custody for my two boys( they are from another relationship) that my ex (their birth father) can claim parental kidnapping even though he abandoned us. Is this true and if so what can I do to C.M.A. (Cover My A**)?


Asked on 8/15/07, 12:46 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Wanting to move out of state but afraid ex will object.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the father has been involved in the boys' life, you will have to file to be the primary custodial parent with the family court in your jurisdiction. If he has been totally uninvolved you can file for termination of parental rights and then you will not have any issues with moving.

Scott R. Jay, Esq.

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Answered on 8/15/07, 11:27 pm

Re: Wanting to move out of state but afraid ex will object.

You can petition to terminate parental rights. If he has not been in contact for a long time, that might be enough to do it. Then you would be able to relocate without his consent.

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Answered on 8/15/07, 1:04 pm


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