Myself and the father are no longer together, and my baby girl lives with me. I'm with her everyday all the time. He works all the time. And I therefore, he decides that he can do other activities after work, such as go out drink go to clubs, hang out basically. I work too 3 days a week and when I'm working my family watches my baby. When he gets home he never watch her played with her or anything, until she was 7 months I told him about that and he change. However, he still decides to go out instead of coming straight home after a long day from seeing his daughter. He comes home at 5 or even at 1 in the morning. And he knows when he gets home from work at 12 or 11 she is sleeping. I know her routines, her actions, when she is trying to use the bathroom.
Anyways, I do not want to go to court. I just want to give my princess everything I can. We spoke about Disney world when we were together and he said yes and everything was fine. Now that we're apart I'm sure he won't let us go. I honestly don't care if he comes, I just want my baby girl to be happy. And if I can give her the world the stars and moon then I'm goanna make sure I do.
This is one of those top 10 questions asked on Avvo and it relates to free citizenship and the effect of having a child on that freedom. You should go on youtube and listen to any among several discussions by Trey Gowdy of South Carolina in his investigation of the deaths of Americans in Bengazi, Libya in 2012.
Gowdy goes over all the rights we have that we can exercise any time we want without gong to government for permission. We can go to church without a writ from a court allowing us to do so. We can assemble in groups and we can speak freely, all without government's permission. One of those fundamental rights is the right to travel.
What you don't learn from these very lucid discussions is that certain legal outcomes can lead to a total deprivation of a fundamental right and a mandate to go to court to get a writ granting permission to do something. The one that concerns you is the custodial status of you and your child.
If you and the father indeed never went to court and never obtained an order of custody, then you are free to visit Florida for a trip. You'll have to watch your back though because dad can go to family court and allege that you illegally relocated with the child to Florida. The vast majority of judges get relocation law wrong and moms suffer greatly. You want to avoid such an eventuality. Nonetheless, your obligations are nothing and you can simply go and take your trip.
However, if you had a prior existing order of custody, that order would tell you whether you can take vacations. The vast majority of these orders of custody have such provisions and all you have to do to go on your trip is to follow that order: for example as is contained in most of such orders, inform the father and provide your itinerary so that dad knows where his child is at all times. That's typically written into every order. This is an example of a restriction to travel that arises as a by-product of the order of custody. Your right to travel has been regulated because of the existence of an order restricting your movement so that dad has knowledge and can react if there is an emergency.
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