Can i take my son to another state, without his father consent?

There is much more to the story than father is a smoker. If there is no pending litigation and if there is no current parenting plan in place then you can go wherever you'd like with the child. He may be able to force you back to Florida IF he files the correct paper work and the judge says to return.

You can if there is no prior court order in place. I recommend you give him the information for where you are moving to so if and when he does file a case against you, you can at least show the court you let him know where you are moving to. #servingtheone

My response to your question is not intended to create any attorney-client relationship. My response to your question is based on the limited facts given in your question and should not be relied on as legal advice. I submitted it to provide you a general understanding of the law, not to provide you specific legal advice. I highly recommend that you consult with an attorney before taking any action based on your question or my response to your question.

I agree with the my colleagues. You can leave, but be prepared that you may be required to return.

Legal disclaimer: Ms. Braaten's answer to your question does not establish an attorney client relationship, but rather is meant to share knowledge with the general public. For specific advise on your case, you need to consult one on one with an family law attorney.

If you were never married and paternity was never established along with a parenting plan, you are free to move. However, the father would have the ability to file a petition to establish paternity and potentially force the return of the child.