QUESTION

what is easier in Florida terminating parental rights or file for abandonment to get full custody and name change?

Asked on Oct 01st, 2020 on Family Law - Florida
More details to this question:
I'm planning on moving out of the sate to Michigan where my family lives. My daughter has my ex's last name. He was only in her life the first year of her life and she has no idea who he is except she has his last name. I would like to change her last name to mine and be able to move out of state to have a better support system for my daughter and myself
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1 ANSWER

Family Law Attorney serving Coral Gables, FL at David B. Mitchell, P.A.
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Thank you for your question. You didn’t mention the age of your daughter. It could make a difference to your question if she was two years old or fifteen years old.  I am going to assume she is a pre-schooler. As you referred to your past relationship as your “ex”, I am also going to assume that you are divorced. This is also a major factor in your question. If you are divorced and your “ex” is the legal father of your child as recognized in the Final Judgment with timesharing rights and shared parental responsibility, then you will have to seek court permission to relocated to Michigan or obtain a written consent to the relocation from your “ex”. Florida’s parental relocation law (Chapter 61.13001, F.S.) carefully defines the procedure for relocating out of state with a minor child. You can Google the statute and carefully read it. Of course, the assistance of a qualified family law attorney would be highly recommended. If you were never married to your “ex”, and a paternity case has not been filed and no other legal determination that he is the father of your daughter has been established (as in an administrative child support action), then the limitations on your relocating should not apply. Again, you should consult with a qualified family lawyer to understand your rights and obligations under these two scenarios - divorce or paternity.
Answered on Oct 02nd, 2020 at 8:13 AM

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