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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16440
Experience:  7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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how does a single parent get custody of his child when he moves

Resolved Question:

how does a single parent get custody of his child when he moves here from florida? what are the out-of-state custody laws?
Submitted: 10 months ago.
Category: Family Law
Expert:  FamilyAnswer replied 10 months ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. Can you just clarify a few things for me? First, do all parties reside in Florida? Also, who does the child live with now?
Customer: replied 10 months ago.

both parties reside in florida, daughter is living with her father

Expert:  FamilyAnswer replied 10 months ago.
Thank you for the additional information. A Florida family court will establish child custody or time-sharing based on the best interests of the child. In determining best interests of the child, a court will consider the following factors:

Each parent's willingness to encourage and support a relationship between the child and the other parent, to honor a time-sharing schedule, and to be reasonable when changes occur
Each parent's ability to respond to the child's needs as opposed his/her own needs
The mental, physical, and emotional health of the parents
The stability of the child's home environment
Any history of domestic violence, sexual violence, child abuse, child abandonment, or child neglect
The child's wishes, if the court deems the child to be of a sufficient age, intelligence, understanding and experience (generally age 12 or older)
Each parent's ability to be involved with the child's school and extracurricular activities

With that being said and knowing what a Judge will look at, the party would need to go to the clerk court in the county where the child resides and obtain the necessary forms from the family division clerk. The parent can fill them out and file them, to proceed with the attempt to gain custody, as ordered by the court. The other parent will be served with these forms and given a chance to respond, requiring that they both appear before the Judge, to plea their case for custody.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 10 months ago.

how can he establish custody in california?

Expert:  FamilyAnswer replied 10 months ago.
Are you saying that the father, who currently has custody, wants to relocate out of the State with the child?
Customer: replied 10 months ago.

the father has the child in his care, wants to relocate out of the state of florida, where he now resides with the chid, and wants to relocate here in california and get sole custody of child. the mother has a documented history of abuse agaibnst this child, there is a one year restraining order against the mother in regards XXXXX XXXXX child. can he move here abnd get custody of child?

Expert:  FamilyAnswer replied 10 months ago.
Donna, thank you. He would need to file a petition with the court, if he wants to relocate out of State and take the child with him. I have provided a link below that contains the Florida statute which control, that he needs to review.

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html

Here is the form which he may also need but should double check with the clerk as well.

http://www.flcourts.org/gen_public/family/forms_rules/950d.pdf

Seeing how there is a one year RO on the mother and a history of problems, he can use that to his advantage at this time and should be able to relocate, since the mother can not even see the child now.
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 16440
Experience: 7 + years of handling Family Law, Divorce, Child Custody and Child Support cases
FamilyAnswer and 10 other Family Law Specialists are ready to help you
Customer: replied 10 months ago.

can he leave florida now, without filing any forms? when he gets here where does he go to file for custody? thank you for your patience.

Expert:  FamilyAnswer replied 10 months ago.
You are welcome. No, he can not just leave. He needs to file and handle all of this in Florida, prior to leaving. He would file for permission to relocate out of State in the county where he currently resides with the child.

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