QUESTION
How does a single, unmarried mother move out of the state with her child?
Asked on Dec 06th, 2016 on Child Custody - Florida
More details to this question:
Mother, single, never married. Left mentally/sexually abusive relationship with lasting effects about 1 year ago. Has child, father is on birth certificate. No court ordered time sharing agreement/paternity. No child support at request of father. Father does not take care of child (3) as agreed upon after the separation regarding the child's development, safety, sleep, diet, behavior, and education habits. Child consistently returns injured, dehydrated, over tired, severe diaper rashes (even though potty trained) etc. Child also claims to be getting hit by "guys" at fathers residence. Child has come home with bruises and knots on her head and back. Father has history of heavy drinking. Mother believes it to be in best interest of the child not to be around father anymore and would like to leave state for better employment and education opportunities to better provide for child. Is this legal for mother to do? Can father come after mother? What are the mothers options?
2 ANSWERS
Go!!!! From the information you provided, notwithstanding that the "father" is on the birth certificate, there has never been a legal establishment of paternity under Florida law. Therefore, it follows there is no timesharing schedule or child support to be paid, so you have the right to leave this state.
As to whether he can "come after you," well, he can thereafter file an action for paternity to establish his rights. Florida would continue to be the proper state to bring the action for a period of 6 months after you move. Thereafter, typically, the state where you move would obtain jurisdiction over the child, and he would have to file a paternity action there.
If he does file, you would not typically have to justify why you moved or come back. If he wants timesharing that will be something for the court to decide, but then you can bring up all the issues that have occurred regarding his lack of parentiy skills. The court will consider these and any safegaurds that may be necessary to protect your child.
Good luck to you,
Cindy S. Vova
Law Office of Cindy S. Vova, P.A.
8551 West Sunrise Blvd., Suite 301
Plantation, FL 33322
954-316-3496
info@vovalaw.com
Answered on Dec 08th, 2016 at 6:55 AM
If the mother was never married to the father of the child and there is no court order establishing paternity of the father, the mother is sole legal custodian of the child and can move anywhere she wishes with the child. With that being said, the father might try to get the child returned to the state of FL via court order. Some judges might grand those kinds of request, others might not, it depends.
Best of Luck,
Helena Y. Farber, Esq.
www.farberlawlapa.com
Answered on Dec 07th, 2016 at 9:36 AM