Q: I'm moving to tampa, I have never been married to my oldest sons dad, would he have to give me permiss
I want to know if I can move from miami with my son without my sons fathet taking me to court
A: Does he have time sharing? Does he support the child? Usually you need consent or court order. Relocation is a complex process. If your ex has time with the child, he could object to your moving. In that case, you must go to court. You can move anywhere, but not your children. You should consider hiring a lawyer.
A: If there is currently no parenting plan in place and/or any other Court Order on the Father's time-sharing, then you, by default have all the time-sharing and all the decision-making authority over your child and you therefore can move without permission from and notice to the biological father. However, he can still file for paternity after your move. Pursuant to Section 742.021(1) of the Florida Statutes "[t]he proceedings must be in the circuit court of the county where the plaintiff resides or the county where the defendant resides." This means that he can still file in the County of his residence. It would truly serve your interests to have a consultation with an attorney where all the issues can be addressed so that you are fully prepared if the father does file an action for paternity in the County of his residence (Miami-Dade County). All the best.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
