Asked in Family Law, Child Custody and Civil Rights for Florida

Q: My son's father is telling me that I have to legally tell him I am moving, but we do not have custody papers?

1 Lawyer Answer
Sabina Tomshinsky
Sabina Tomshinsky
  • Divorce Lawyer
  • Gainesville, FL
  • Licensed in Florida

A: If you were not married to the father of the child when you had your son and thereafter did not marry him and there is currently no order regarding time-sharing (custody), then by default you have all the time-sharing rights and decision-making authority over your child and, as such, you may move without permission from and notice to the biological father. In order for the father to have rights to the child, he would have to pursue an action for paternity. However, please keep in mind that should the father commence a paternity action within 6 months of your move, the Court may require you to return the child to Florida. Good luck.

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