Kids living with mom in Florida.Dad lives in New Jersey,both last names are on birth certificate,dad never went to court for visitation rights so there's no time sharing or parenting plan in place,not child support order either.He can't go to Florida to see the kids do an immigration issue.However he send mony every month an call the kids.Now mom wants to move out of the country,can she do that? The kids already have their passports. She said that the kids still going to have contact with their dad like they do here (phone,internet) Im just a friend in the middle of the situation.I just want the best for everybody.
Since the children live in Florida, Florida law would control the answers to your questions. Since there is no order declaring him to be the father and since they are not married, he has no father's rights under Florida law. That being the case, unless he files a petition to establish paternity, she is free to move the children to any location she chooses. Once he files the petition, she would be bound to seek his permission or a court order to permanently move the children more than 50 miles from their current address.
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