Punta Gorda, FL asked in Family Law and Child Custody for Florida

Q: I'm not married and there is no custody order, can I take my child out of state without the father's permission?

I'd like to take my child out of state (FL) for a visit with friends and family, but my baby's father has threatened to call the police for kidnapping if I do so. I'm unsure if 1. That anything bad will happen for me custody wise if I do so and 2. If cops are legitimately called, if I can talk it off or have a serious problem on my hands in the moment and going forward.

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: Unless he has been to court for child support and or paternity he has no legal rights to the child. You should be able to travel wherever you like without breaking the law.

1 user found this answer helpful

B. Elaine Jones
B. Elaine Jones

A: You can take your child out of state for a visit but you cannot permanently remove the child from the state without expecting that the father will file something forcing you to return to Florida to deal with it. If you need to make a permanent move, the best thing to do is get a family law attorney to assist you in a relocation petition. Most JUSTIA attorneys offer a free initial consultation. Contact one of us today. Good luck.


B. Elaine Jones, Esq.

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