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My GF baby daddy served her with court papers to not allow her and her son to move from California. What are her chances?

Miami, FL |

I live in Miami, FL and in the military. I've been with my GF for over 2 years and the distance is killing us. So last year I told her to move in with me and she agreed. We just wanted to wait to make sure her son finished school so there was no break. She just broke the news to her ex last month and he freaked out. The father sees his kid on a normal basis however does not provide any support for him. He is now claiming that because I'm in the military and due to me not being introduced to him, he should have full custody of him. I understand that she will be quitting her job and changing her kids lifestyle, but I believe a family is what is best for him and I'm willing to provide that. My goal is to marry her withing the next two years. What can we do?

Attorney Answers 2


I agree with my colleague Mr. Bachert, however, if there has been no court ordered timesharing previously entered by the Court and they were never married, she has sole parental responsibility and 100% timesharing. As a result, the relocation statute wouldnt apply until there was a Court ordered timesharing plan or parental responsibility ordered. However, if he filed for timesharing with the Court, there may be an Administrative Order in your county that prevents the child's address from being changed pending the Court action.

This answer is offered for informational purposes only. It is not offered as, and does not constitute, legal advice nor does it constitute an attorney-client relationship

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Unless you girlfriend can prove that the move will be in the best interest of the child the relocation will not be permitted. Your girlfriend needs to review Florida Statute 61.13001. The court cannot prevent her from relocation but it can certainly prevent the child from being relocated. She will definitely need the assistance of an attorney with this type of action.


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

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.

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