Miami, FL asked in Family Law and Child Custody for Florida

Q: I have a 6 year old daughter and me her and her father all live in Miami. She spends more time at his house but I want t

Move to Colorado with her Because that’s where I’m from and where my family lives. He wants to take the situation to court to make it so that I cannot bring her out of state. Can he do this, can you prevent me from moving out of state with her if we have nothing documented?

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1 Lawyer Answer
Robert Stone Jeffrey
Robert Stone Jeffrey
  • Miami, FL
  • Licensed in Florida

A: More information is required to address your situation. If paternity has never been established, then you can move without the necessity of seeking leave of court; however, this can be considered by the Court at a later date if he files a paternity action, such as in entering a parenting plan and determining time-sharing, and he can potentially seek to have the child returned. If any order relating to time-sharing has been entered, you need Court approval before you can move. Even if he agreed, you still would need to file the appropriate paperwork to obtain approval. The requirements are set forth in 61.13001, Florida Statutes. Contact a family law attorney as soon as possible--many offer free or low cost consultations. Best of luck

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