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My daughter is a single parent of a 1 month old infant. She

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gave birth in Osceola county...
My daughter is a single parent of a 1 month old infant. She gave birth in Osceola county, Florida. 4 days after the birth the biological father served her a paternity action. She lost her job prior to the birth and has been living with a cousin in Orlando Florida. So far the father has offered no support as he is also currently unemployed. He has offered to move in with his father who lives next door to him so that my daugter can move into his trailer, and old and unsanitary place. There is no way she would consider moving in there. A week after the birth (and after she had been served) she came up to Illinois where we live with the fathers verbal approval (But before he could request any kind of signed agreement from her concerning her return), to recover from her C-section birth and to have some help from us dealing with a newborn. Now it is several week later and at the recommendation of her attorney, she went back to Florida, to avoid the appearance that she was trying to escape the jurisdiction. However, now the next step would be mediation which is a month away. She has responded to the action with a request for permanent relocation but says that we have to wait for mediation first, then request an expedited hearing on the relocation. The problem is that could be two months out, and in the meantime she has no income and no support and has to rely on her cousin and our contributions to support. She has the potential for employment her in Illinois, and would like to come back here immediately. We understand there could be repercussions from just taking off for Illinois without any kind of order or approval from the father However, if she can gain employement NOW to begin supporting the child I would be inclined to recommend she just come back immediately and plan on going back only for mediation or a hearing. What repercussions could she see from doing this, and would it be possible that the benefits from her establishing employment in a place where she can live with us and have babysitting available would outweigh any penalty she may see from the court when she does go back for mediation and hearings? The problem here is her current attoney is not taking an agressive stance on her situation which is our desire nor is she getting any real options.
Submitted: 7 years ago.Category: Family Law
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11/2/2010
Family Lawyer: Ellen, Lawyer replied 7 years ago
Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36,715
Experience: 25 years of experience helping people like you.
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Hello,

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a Florida lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

If you are not comfortable with the attorney that you have retained, consider retaining a different attorney.

Your daughter can consider relocating on a "temporary" basis to Illinois. The court is much less likely to require her to return to Florida to live if she has already relocated to Illinois. It would typically be much more difficult for her to obtain court approval if she is living in Florida when she requests permission to move.

I am not permitted to refer you to a specific attorney. Here is a website that may be helpful in locating counsel: www.Martindale.com

If you would like additional details concerning my answer, please click REPLY and I will be happy to respond. Do not click relist as it will delay my response. Otherwise please click ACCEPT so that I receive credit for my work
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Customer reply replied 7 years ago

Our present counsel felt the court would look dimly on her relocating without an order.

If she leaves to accept a job in illinois without telling the father in advance, would this be considered kidnapping? or otherwise illegal? What actions would the father likely pursue given that he has very limited resources to pay for legal costs. Her cousin has asked her how long she would likely be staying there because the present arrangement can't last indefintely. I don't think the court could expect her to live in a trailer next door to her ex-boyfriend when they do not get along and are no longer a couple?

Family Lawyer: Ellen, Lawyer replied 7 years ago

Our present counsel felt the court would look dimly on her relocating without an order.

maybe however the court will also look dimly upon the father not contributing to the support of the child. The mother is forced to move in order to support the child's

If she leaves to accept a job in illinois without telling the father in advance, would this be considered kidnapping?

it would not be considered kidnapping-- he has not been determined to be the legal father at this time

or otherwise illegal? What actions would the father likely pursue given that he has very limited resources to pay for legal costs.

all he appears able to do is continue with the paternity action

Her cousin has asked her how long she would likely be staying there because the present arrangement can't last indefintely. I don't think the court could expect her to live in a trailer next door to her ex-boyfriend when they do not get along and are no longer a couple?

correct

Ellen
Ellen, Lawyer
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Customer reply replied 7 years ago
So in short, you would think that her relocating to accept a job then petitioning for relocation later would make it more likely she could get it approved after-the fact? Would she then just plan on going back to florida for mediation, or would she be better off just letting her attorney attend on her behalf? Same for any hearing on the relocation issue?
Family Lawyer: Ellen, Lawyer replied 7 years ago
So in short, you would think that her relocating to accept a job then petitioning for relocation later would make it more likely she could get it approved after-the fact?
Typically that is the case

Would she then just plan on going back to florida for mediation, or would she be better off just letting her attorney attend on her behalf?
She may be required to attend personally


Same for any hearing on the relocation issue?
She may be required to attend personally
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Customer reply replied 7 years ago
Last question. If she is able to accept the job in illinois, should she notify her attorney of her intent to leave, or would it be better for her to wait intil she's back here. I understand that the attorney may have a duty to the court to communicate this and I'm thinking it could be better to leave first and answer questions later. What do you think?
Family Lawyer: Ellen, Lawyer replied 7 years ago

Your daughter can notify her attorney that she is going to Illinois for an extended visit as she does not have income to support herself and her child.
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