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Can mother leave state with child without my permission under FL child custody laws

Avon Park, FL |

My son's girlfriend - mother of their 7 month old son - wants to leave the state for a while with the child - can she do that without his permission?

The state is Florida

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Attorney answers 1


That depends on whether the child's father was ever legally established as the father of the child. If so, then the answer is no. Under Florida law you must file a "Notice of Intent to Relocate" and serve the other parent so that he/she has an opportunity to object to the relocation. If the mother was not married to the father, and he was never on the birth certificate and did not register with the Florida Putative Father Registry then there is no legal determination of parentage and she should be able to leave without a problem. That does not mean, however, that the father can't file an action in court to prevent her from moving. If he feels that he is the father and wants to establish it legally, he can always file that action himself to establish paternity and prevent her from leaving. Hope that helps!

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