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My daughter is almost one year old. Her father was abusive,

My daughter is almost...

My daughter is almost one year old. Her father was abusive, drug addict, and currently in jail. My older sister lives in Virginia and is offering me a fresh start to move up there with my daughter. Would i be allowed to move there without permission from my daughter's father? What steps so I take?

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

He did go to court for abuse towards me - it was dropped. He's also been to jail on several other accounts in Florida and in Indiana where he's from.

Lawyer's Assistant: Since laws vary from place to place, what state is this in?

Tampa Florida

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Her father did the same thing to his exgirlfriend in Indiana who he also had a daughter with and owes child support for.

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Answered in 4 minutes by:
3/13/2018
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 43,083
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Is there any type of custody or visitation order in place for the father?

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thanks

Barrister

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Customer reply replied 5 months ago
None

Then there is nothing preventing you from moving wherever you want to move. with the child.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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.

Thanks much

Barrister

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Customer reply replied 5 months ago
Even if he's on the birth certificate?

Yes, that only means he could have filed for custody/visitation if he had wanted to. But it doesn't keep you from taking the child and moving anywhere you want to. Only a court order could prevent that.

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Customer reply replied 5 months ago
if after i move he files for custody or visitation - I would be able to stay where i move to? They wouldn't make me return to Florida? And if he wanted to visit he'd have to come up to see her?
Customer reply replied 5 months ago
But if he files before i move -i couldn't go? Cause i read that i wouldn't be able to move over so many miles away from the original residence?

So if after i move he files for custody or visitation - I would be able to stay where i move to? They wouldn't make me return to Florida?

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Yes, the court can't force you to move back.

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And if he wanted to visit he'd have to come up to see her?

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That is up to the judge.. He can order you to meet half way, or order you to pay for him to come up there, or order for you to deliver the child back to his state... Basically the judge can order anything he wants. But if this is a deadbeat dad who is a bad influence and abusive, then the judge would likely put the burden on him to come there.

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But if he files before i move -i couldn't go? Cause i read that i wouldn't be able to move over so many miles away from the original residence?

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Yes you can still move unless he gets an order from the court stating you can't leave with the child. But that normally only happens after the first court hearing on custody/visitation. And if he is in jail, he isn't doing anything from there. And if he filed for custody/visitation, the court is going to slap him with child support, so he may not want to pay so might not even file.

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Customer reply replied 5 months ago
Okay. That's very helpful. Thank you. I appreciate it. Do you know if this conversation is or can be forwarded to my email?

You are very welcome. Happy to help any time.

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And I don't have any email through the site, but I usually just copy and paste the thread into a Word document and save it when I want to save something..

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 43,083
Experience: Attorney with 17 years experience
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