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I have a question for an attorney about parental rights in…

I have a question...

I have a question for an attorney about parental rights in pregnancy. I’m in Florida and so is the father. I’m not married or living with him. I want to move to Texas without his consent. Can I do that without informing him? Do I legally have to have his consent to move out of state right now?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

No

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Answered in 3 minutes by:
3/8/2018
Nisha Jones
Category: Family Law
Satisfied Customers: 2,597
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified

Good afternoon, I am an attorney expert with the JustAnswer website, and former Prosecutor for the State Attorney's Office. I have a near 100% customer satisfaction rate, and I'll be answering your questions today. JustAnswer provides general legal information only and does not constitute legal advice. Please allow me just a few minutes to review your question, thank you!

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I've reviewed your question and I'm happy to help. Give me just a few minutes to finish typing up some information for you, thanks!

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Customer reply replied 1 month ago
Thank you. In that case I’d Like to ask about protective order as well. The child’s father has been verbally abusive but didn’t threaten to hurt me. Would the court approve a protective order against him?

No problem. Give me just a few minutes to finish typing up some information for you, thanks!

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Currently the father does not have any parental rights.

Since you two are not legally married, there is no legal presumption under the law that he is the baby's father. That means that he also has no legal rights to the child at this time.

Yes you can move without needing his permission and without needing to provide him with any information as to your move.

In order to obtain parental rights, he would have to petition the court after your baby is born, and take a paternity test through the court to establish paternity.

Once paternity is established he would then have to file a petition requesting custody/ visitation rights.

You would be given an opportunity to respond and object to his requests.

With regards ***** ***** protective injunction, it really rests in the judge's discretion based on what you've described.

It may be difficult if he has not physically harmed you, or if he has not made any threats to physically harm you.

Nonetheless if you feel that you/ your baby's safety are at risk, then you should file a request for an emergency protective injunction through your local courthouse.

If you'd like the representation of lawyer during this process, you can contact the Florida Bar Lawyer Referral Service for a referral to a lawyer in your area.

The phone number is:

(800)(###) ###-####/strong>

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 1 month ago
That is very helpful! Thank you very much!

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. I'd be happy to help. Best of luck to you, take care!

Don't forget to rate so I can be credited for my time and help with your question, thanks!

Nisha Jones
Category: Family Law
Satisfied Customers: 2,597
Experience: Managing Attorney at Nisha Jones Law, LLC
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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