Grand Prairie, TX asked in Family Law for Florida

Q: What can my fiance do if the mother of his son left the residence state to restrict a father/son relationship?

He has made several attempts to visit him. (Mother denying) Just recently she finally agreed to a visit and the day of we find out she left the state. When he contacts her she tells him shes on vacation and they can set something up for visits when they come back. That was over a month ago! We have just recently heard from family of here that the mother was baker acted and that the child is with the mothers father ( the grandfather) We only know of the state, not a physical address. So he doesn't exactly know how to handle this issue.

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1 Lawyer Answer
Vanessa Alexandra Vasquez de Lara
Vanessa Alexandra Vasquez de Lara
  • Miami, FL
  • Licensed in Florida

A: If he has not established paternity through the courts, he needs to immediately start the process. Otherwise, he has no legal rights to timesharing with the child. He then needs to search for her in the new state through social media, questioning family members, or other methods. Worst case, he needs to hire a private investigator. The more time goes by where he does not see the child, the harder it makes it to get his rights properly established. The state where child spent the last 6 months is still the proper place to file, but after 6 months of the mom being somewhere else, your state loses jurisdiction. A good attorney is very important in these type of cases.

Good luck.

Bruce Alexander Minnick agrees with this answer

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