QUESTION

What does UCC 1 mean?

Asked on Oct 20th, 2016 on Child Custody - Florida
More details to this question:
I have a 7 year old daughter who has always been in my custody. I have never been married and there is no court case between her father and I. He agreed to allow me to take her to another state for me to find work. We have plane tickets for December 13, 2016 and he was going to drive us to the airport. Now, he is threatening me with filing for a UCC 1, so I cannot leave with her.
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3 ANSWERS

A UCC-1 is a document that generally applies to matters of contract and commercial law involving financing, and does not generally apply to family law matters. In the absence of a paternity judgment, settlement agreement, or other court order, the father of your child has no legally established rights with respect to your child, so you can leave with the child if that is your wish. However, it is possible that the father could commence a paternity action seeking to obtain and enforce his parental rights with respect to the child, and if he is ultimately determined to be the biological and legal father of the child, it is possible for the court to order the return of the child to the jurisdiction in which you and the father were living. A generally better course of action may be for you to comply with the relocation statute, or to commence the paternity action against the father, seek DNA testing, seek to relocate with the child, and if he is in fact the biological father of the child, seek child support and an appropriate timesharing and parenting plan. There are pros and cons to each option. Consult with an attorney to discuss the specifics of your situation and your options.
Answered on Nov 16th, 2016 at 4:34 AM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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A UCC1 has nothing to do with child custody or taking the child on a brief vacation. He must mean something else or is totally mistaken about the application of a UCC1. That has to do with liens on personal property.
Answered on Nov 16th, 2016 at 4:34 AM

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John Arthur Smitten
He is saying he will file a motion with the court preventing you from leaving.
Answered on Nov 16th, 2016 at 4:33 AM

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