Want to know if I can move out of state with my kids?

Dear Anonymous:       It appears from your inquiry that you have never had paternity established by a court.  Having you name on the birth certificate is not sufficient.  As such, since no paternity is established you cannot leave the state with your children.  The first thing you need to do is file an action to establish paternity.  In that petition you can ask to relocate, but it is a statute driven process.   You can research this process but this is truly an area where an attorney's assistance is warranted.      Until you establish your paternity, the children's mother can up and go wherever she wants with your children, and you will have nothing to say about it.      So, glad you asked your question.  You have work to do to ensure that your rights as a parent are legally established.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. 954-316-3496/561-962-2785 Broward/Boca Raton     

Florida Statutes require either written consent or a court order to move more than 50 miles from the current residence. There are a number of factors that need to be considered. The mother of your child is not your wife, so a paternity action will be necessary to adjudicate you as the father of the children.