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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7119
Experience:  Experienced Family Law Attorney
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Can a mother leave the state with a child? Florida, ive

Customer Question

can a mother leave the state with a child?
JA: Family law varies by state. What state are you in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: ive tried due to the hurricane she cant be reached
JA: Anything else you want the lawyer to know before I connect you?
Customer: there has been a case filed for time share as well but she hasnt been served would she still be able to leave
Submitted: 20 days ago.
Category: Family Law
Expert:  LegalGems replied 20 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 20 days ago.

Are there any current orders re: custody or visitation? Were the parents ever married? If not, has paternity been established?

Customer: replied 20 days ago.
Not married and no paternity established
Expert:  LegalGems replied 20 days ago.

Thank you;

in Florida, the biological father is not afforded any custody/visitation rights unless paternity has been established. Even if an acknowledgment of paternity is signed, it does not automatically allow for custody/vistiation. Only a court can order those.

As such, the biological mother is the only recognized parent of the child (except for adoption cases, in which case the biological father must be notified).

Here is the statute on relocation

However, if the mother does relocate, and the father decides to file for custody/visitation, under the UCCJEA (a federal child custody jurisdiction act) the child's home state has jurisdiction, and that is defined as the child's residence for the last 6 months preceding the filing; so the mother can be forced to litigate the issue in the child's home state.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 15 days ago.

Hi. Just checking in to see how the above situation worked out. Hoping the information was useful. Thanks!