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Is child jurisdiction already established to prevent relocation or do I have to establish jurisdiction?

Palm Beach Gardens, FL |

My son is 9 years old. His Mother & I were never married. I live about 30 miles from my sons Mother, but I take him to school 4 out of 5 days a week & also pick him up from school 4 out of 5 days (1 hour each way, 4 hours a day total). He is with me 90% of the time. His Mother said she wants to move to California from FL. I have NEVER been late on child support, I provide pretty much everything for him. I still pay her child support even though he is with me 90% of the time (he is heavily involved in sports & I take him to all practices & games & then to & from school).

Has jurisdiction been established when we did child support 2 years ago? He has always lived in Florida. Or do I need to go to court to establish jurisdiction preventing them from ever moving 50+ miles away?

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Attorney answers 4

Posted

If it is DOR child support and you have never filed a paternity action or had some other court establish time sharing or custody then you need to file a paternity action.

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******

Asker

Posted

After a paternity action, what would be the next step? We have never been to court to establish any kind of time sharing. When he was younger I got him on the weekends, but now that he is older I pretty much have him 90% of the time. We have always been able to work things out for the most part, but now she is thinking about moving to California & from everything I've read it is hard to relocate further than 50 miles from the childs jurisdiction. I am on the birth certificate, but as I said we have never been to court & have always be able to work it out. I just don't want her to move him to California simply because she doesn't like it here in Florida anymore. There is no other reason outside of that. If it was up to him, he would live with me, but I try to be mindful of her.

Heather Morcroft

Heather Morcroft

Posted

Once you file a paternity action she can't move more than fifty miles until you all work out a parenting plan. Normally mediation is required as part of the process. Since he has been living with you, the court might allow that to continue. The fact that you are on the birth certificate establishes a presumption of paternity.

Asker

Posted

Thank you so much for the answers. Right now it is just talk by here, but I just wanted to know my options to help prevent anything from happening. You're awesome, thanks again.

Heather Morcroft

Heather Morcroft

Posted

You are welcome. Good luck.

Posted

If you have a time sharing/parenting plan that has been ordered in Florida, jurisdiction has already been established here assuming the case was never domesticated in some other state between then and now. As indicated by the other attorney however, if your paternity has not been established and a parenting plan has net been ordered you will need to file a paternity action immediately.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
Palm-Beach-Divorces.com

Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.

Posted

If you were never married, you may not necessarily have a custody order in place (you did not mention one). You should immediately determine the status of your son's custody and if you do not have an order, you need to establish one. You should hire an attorney to assist you with this.
In most states the custody of a nonmarital child is presumed to be with the mother but that could likely be rebutted based upon the majority of his time being spent with you. Good luck.

Posted

At the present time, both parties and your son are residents of the state of Florida. You should immediately file a Petition for Paternity and to establish a parenting plan and child support in the circuit court in which the mother of your child resides or where your child resides (you can use the location of his school as a guide). The Court should issue a Standing Temporary Domestic Relations Order which will prohibit either party from removing the child from the circuit in which the Court is located.
You will need to move quickly to ensure that the mother does not relocate with your son.
I strongly urge you to contact an attorney to assist you in this matter. If you cannot afford an attorney, you should make every effort to file the Petition yourself so that the Court can exercise jurisdiction over the parties should she relocate.

The information and materials on this blog are provided for general informational purposes only and are not intended to be legal advice. The law changes frequently and varies from jurisdiction to jurisdiction. Being general in nature, the information and materials provided may not apply to any specific factual and/or legal set of circumstances. No attorney-client relationship is formed nor should any such relationship be implied. Nothing on this blog is intended to substitute for the advice of an attorney, especially an attorney licensed in your jurisdiction. If you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction

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