Dear Anonymous:
Unfortunately, at this point she can move. Under Florida law, since you were not married at the time of the child's birth or thereafter, in order to legally establish your parental rights as the father you must file an action to establish paternity. Once a court order is entered that adjudicates you as the child's legal father, then you could petition the court to ask that your ex girlfriend not move. That said, Florida has a relocation statute, Section 61.13001. That statue governs the procedure that must be followed to allow a relocation of a child more than 50 miles from where the parent/child are currently living. There are a number of facrtors the court takes into account in making a final decision.
I suggest that you immediately file that action to establish paternity, and because just filing it does not alone stop her from moving, you need to try and expedite the process. If the move is imminent, then you really have to act on this quickly.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Broward/Boca Raton
954-316-3496/561-962-2785
info@vovalaw.com
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