My son lived with me for 12 years and wanted to go live with his dad for the school year. His dad lives in North Carolina and I live in Florida. My son hates it there and wants to return to Florida when the school year is over. His dad is refusing to allow him to come back to Florida, even to visit. Am I able to go get my son or do I need a court order?
Under Florida law, even if the "father" is on the child's birth certificate, he is not technically the "legal" father until there is a court order establishing paternity. In the absence of the establishment of paternity, this man does not have any "legal" rights to your son.
With that said, I cannot tell you what thet law is in North Carolina. If the child was with him in Florida I would simple suggest you go and pick him up, or contact law enforcement and ask them to assist you. But I cannot tell you if that would be effective in North Carolina. However, it does not appear that the man has established his legal rights to retain your son in North Carolina.
The second issue is that if you are unable to use the simple method above, if the child has been out of the state of Florida for more than 6 months (which it appears he has) then Florida will likey no longer have jurisdiction to entertain a Petition to return the child to Florida with you. There are some exceptions under the Uniform Child Custody Jurisdiction Act, but that transcends what can be answered in this forum.
I would suggest you first contact a North Carolina lawyer and see what the law is on this up there. Perhaps that attorney could assist you in contacting law enforcement to see if they could help without court intervention.
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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