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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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My boyfriend and I have deceded to end our relationship. We

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My boyfriend and I have deceded to end our relationship. We have a two year child. The
lease on the apartment we live in is in his name. He wants me to move out. If I move out
can he say that I have abandoned my child? Is there a seperation agreement form that
I can use to protect my rights to my child?

-Could you explain your situation a little more?
Why would you leave your child if you move?

Are there any court orders for custody of the child?

Customer: replied 3 years ago.

I can't afford to get an apartment on my own, so I have move in with a friend in a very small bedroom and there isn't enough room for both of us. There are no court orders for custody of our child.
Dear JACUSTOMER - At this point you do not have to move unless your boyfriend legally evicts you. If there are no court orders for custody and you are not married to the father then under Florida law you are the legal custodial parent so you have to be careful not to abandon your child. the father has no legal rights until he applies through the court. So my suggestion is that you not move until you get a court ordered custody and visitation agreement. You can't get a separation agreement unless you have been married so what you need to do is get the court to establish custody and visitation rights. This needs to be done in the family law court in your county.
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