How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney & Mediator Your Own Ques...
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
Type Your Family Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

I live in FL and my boyfriend is now living in NC for a job ...

This answer was rated:

I live in FL and my boyfriend is now living in NC for a job he''s doing. We have a daughter together and for the summer she has went up to NC to stay with him. We have no legal documentation showing child custody, etc. Now I believe he''s not bringing her back to me here in FL. Legally, do I have a leg to stand on?
In general an unwed mother is considered to have sole legal rights over the child until he establishes paternity (either through the courts or by signing the affidavit of paternity). In Florida no court orders are required to request the return of the child since the mother is considered the custodial parent absent any court orders. Now the problem: North Carolina requires a court order before it can share the father with custodial interference. Typically, a charge is filed in the state where the offense has been committed. Since the child is in North Carolina, you would have a difficult time getting the police to assist in the recovery of your child, especially since you only have a belief that he may not return her, but no evidence to that fact.

At the present time, you can physically go to NC and recover your child. Since there are no court orders in place there is nothing stopping you from getting her. If father objects, then you will need to return to Florida and file for custody and order that the child be returned to you in Florida while you work out a custody order.

If I have been helpful, please click Accept for my time and research. If you need more help, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over, thank you.

Legal Disclaimer. The information given by me is not legal advice. . You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you.

Attorney & Mediator and 6 other Family Law Specialists are ready to help you

Related Family Law Questions