My ex-gf and I had a child. There is no court documentation that legally says either one of us has custody. Her fiance and her wants to move to another state and taking my child with them. Is this legal?
Under Florida law in order to become the legal father of a child born outside of a marriage requires a court judgment establishing paternity. At this point in time, the child's mother can leave the state with your child and you cannot stop her.
So the best thing for you to do is immediately file a Petition to Establsh parernity. If you can get a court order establishing the paternity before she leaves you can also try and get an injunction to stop her from leaving. The Florida Supreme Court website has forms and directions that can assist you.
However, because the law does not move as quickly as you might need, even if she moves, you can stil file the paternity petition in Florida and Florida will have jurisdiction to hear the case as long as you do this within 6 months of the child leaving the state.
As a final suggestion, look up the Florida Putative Father registry on Google. Then register as the "father" of the child. In case she tries to have her new boyfriend adopt the child, this would show in the public records that there is someone (you) who claims to be the child's father, and you would have to get notification before any court actions were taken.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
954-316-3496/561-962-2785
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