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

I live in FL and...
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?
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Answered in 12 minutes by:
7/1/2008
Attorney & Mediator
Category: Family Law
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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.



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