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Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7280
Experience:  I have over a decade of experience as a Family Law litigator
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I am engaged to my boyfriend, my son and I live here in the

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I am engaged to my boyfriend, my son and I live here in the state of florida and my boyfriend lives in Omaha, NE. I am wondering how hard it will be to move out of the state, seeing as my sons dad has a criminal history, and my son doesnt have his last name nor is he on the birth certificate.

I am a Florida family law attorney and I believe I can provide assistance. However, before beginning, I need a bit more information.


1. How old is the child?


2. Is there a court order establishing custody and visitation?


3. How frequently does the father spend time with his son?


Thank you.

Customer: replied 4 years ago.

The child is just alittle over 2 years old

Yes the court established every other weekend from friday at 6pm until Sunday at 6pm as well as every wednesday night from 6pm until thursday morning at 9am.

Thank you for the additional information, it was very helpful.


In Florida, for the custodial parent to move, they need either the other parent's consent or permission from the court. If the father will consent, then the move would be quite easy. As to obtaining permission from the court, you would need to demonstrate that the move will be in the best interests of the child. To do this, you would want to show that the new location has better schools, a better environment for the child, a more substantial support system or more opportunities, as examples.


I asked about the father's contact because this is relevant to the discussion as well. Ideally, he would not be exercising all of his visitation. If so, then this helps you as the move would have less of an impact on his contact with the child. If he is exercising all of his visitation, then the move would clearly have a significant impact on him and this would make the move more difficult.

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