Miami, FL asked in Family Law for Florida

Q: Can the mother of my baby take my son to a other state with out permission of the father

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2 Lawyer Answers
Nicholas Randall Jones
Nicholas Randall Jones
Answered
  • Kissimmee, FL
  • Licensed in Florida

A: Children are protected by an interstate compact called the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA), which allows the state to which a child is taken to return that child to his or her home state. The home state of a child is where the child resided for the previous six months.

If you and the child's mother have a parenting plan, that document should include a provision dealing with the child's removal from the state. If you do not have a parenting plan, I strongly suggest you speak with a family law attorney to begin that process, as it will protect you and your child in the future.

Best of luck to you.

Legal disclaimer: The information provided should not be taken as a substitute for legal advice from retained counsel. Mr. Jones does not intend to create nor does he consent to a formation of an attorney-client relationship with anybody reading this material, including the question poster, by virtue of posting on information on this website. If you are in need of legal advice, you should consult and retain local legal counsel.

1 user found this answer helpful

Nancy Adkins
Nancy Adkins
Answered
  • Sunrise, FL
  • Licensed in Florida

A: The short answer is - if there is no court order establishing parental responsibility - yes. If you want her to bring the baby back and she won't, file a Petition NOW so you can establish that the baby belongs in Florida. If you wait.....the other state may get jurisdiction. If you HAVE a court order, then you need to get it enforced and make her bring baby back!! Best......

Legal disclaimer: The information contained herein is strictly general and should NOT be construed as legal advise, nor to create ANY type of attorney/client relationship. Always seek the advice of a licensed attorney to ascertain the complete facts of your particular case. You can reach me in my Fort Lauderdale office at 954/734-6048. If you liked my response, please "MARK AS GOOD ANSWER." Thanks and best wishes

1 user found this answer helpful

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