Asked in Family Law for Florida

Q: Do one of the parents need to file a petition of paternity if there is a signed acknowledgement of paternity?

My son was born in FL in 2013 and I believe we signed an acknowledgement of paternity, but I do not have a copy. His father is on the birth certificate and in possession of my sons documents. We've been separated for 2 years and I want to proceed with a written long distance custody agreement so that I can move to North Carolina. Does he still need to prove paternity to the court, and if it is already established by the AOP what is the first step to a custody agreement?

Related Topics:
1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: First, assuming that no court case has been filed, you don't need to have an agreement before you can take the child out of state. Just don't do anything that could be construed as hiding the child's location from the father; it would be best if you send him a letter, by certified mail, with your current address after the move. If you nevertheless want a custody agreement, ask the father to sign one.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.