Q: My son has a 3 year old son with his ex girlfriend. I am not sure what his rights are as we were out of town and we
believe she has left the state of Florida. She will not speak with him speak or us and she appears to be trying to cut ties. Please advise. Thank you.
A: Since they are not married, unless your son has been to court on a paternity case she can move with the child wherever she likes. Your son should consult with a local family law attorney as soon as possible to protect his rights.
Bruce Alexander Minnick agrees with this answer
A: If he desires to file suit in Florida to seek visitation, etc., he must do it within six months of the child being taken out of the state.
A:
If your son has been adjudicated the Father through the courts already, meaning that is a court order or states or acknowledges that he is the Father of the minor child, he can seek relief from the court to request that the Mother return the child. No parent is allowed to relocate with a minor child more the 50 miles from the previous place of residence without consent from the other parent or a court order if Paternity has already been established. Unfortunately in Florida, if paternity has not been established the Father has no rights with regards to the minor child and the Mother can move without consent.
If your son has not been adjudicated the Father by the courts, the best option for him is to start a Paternity action as soon as possible so he can have his rights established in the court and he can request a parenting plan that establishes timesharing between him and the minor child and it will prevent Mom from ever doing this again without his consent or court order.
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