Q: Was i allowed to leave the state with my son?
I moved from Florida to Alabama at the end of October last year with my son (who was 6 months at the time of the move). Now the father of the baby is making all sorts of threats saying there will be a pick up order if I do not return to Florida. Paternity was established when the baby was 4 months old because I had started a case for child support (which i never followed through with) but he was not on the birth certificate and we were never married. Also there has never been any sort of court order. Should I be concerned? Was i supposed to file something with the courts to get permission to leave before I moved?
A:
From the end of October to now is not quite 5 months. The child's "home state" as defined in the Uniform Child Custody Jurisdiction and Enforcement Act (law in Florida and Alabama) will be Florida until six months has passed; then it will be Alabama. So the father can file a lawsuit in Florida until then. When and if you are served with process regarding such a suit, you should obtain a Florida attorney to defend such a lawsuit.
But no; it is not likely that he will be able to obtain a "pick up order" without first giving you notice and an opportunity to be heard. And no, you weren't necessarily required to file something with the courts. After the end of April, if no suit has been filed in Florida, you should consider filing a suit in Alabama.
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