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Can a childs mother take a child out of the state of fl. if there is no agreement in place and the father is on probation

Orlando, FL |
Attorney answers 3


When you say "if there is no agreement in place" I don't know what you mean. If there has never been a court order determining custody or time sharing and the parties are not and have never been married, then the mother is the custodian entitled to sole residential custody and she can move without the father's permission. Probation has nothing to do with it. If he wants to establish time sharing and custody and have a right to object to the move, he needs to file an action for paternity under Chapter 742.

See below, last sentence:
744.301 Natural guardians
(1) The parents jointly are the natural guardians of their own children and of their adopted children, during minority. If one parent dies, the surviving parent remains the sole natural guardian even if he or she remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom sole parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as natural guardians. If the marriage is dissolved and neither parent is given parental responsibility for the child, neither may act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.

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It highly depends on whether there are any custody orders in place and whether the parents were married. Please consult local family attorney as soon as possible. Generally, if parents have shared legal custody of the child, one parent cannot take the child out of state without permission of the other or a court order permitting the same. Good luck

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.


Attorney Morcroft did a fine job answering your question. If you were not married to the child's mother and have not had paternity established ( your rights/responsibilities) you may want to do so.
Good Luck to You