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?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • 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.

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