Clermont, FL asked in Family Law and Child Custody for Virginia

Q: I live in Virginia, have 5 yr old boy & I'm pregnant by same father. I'm not married, can I legally take my son to FL?

My significant other says he will call law enforcement and say I kidnapped my own son if I take him to Florida to visit with my family. We are not married, can I leagally take my son and unborn child to florida without his permission?

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2 Lawyer Answers
James H. Wilson Jr.
James H. Wilson Jr.
PREMIUM
Answered
  • Divorce Lawyer
  • Glen Allen, VA
  • Licensed in Virginia

A: Unless and until there is a court order, both biological parents have equal rights to and responsibilities for their child(ren). Either could travel with the child for a family visit within the U.S. If there is a court order in place, taking against the terms of the order might be considered kidnapping. The refusal to allow the other fit parent visitation might be used against a parent in a custody or visitation case.

Afsana Chowdhury agrees with this answer

Michael Christopher Miller
Michael Christopher Miller
Answered
  • Divorce Lawyer
  • Vienna, VA
  • Licensed in Virginia

A: You can go anywhere you want until a court order says otherwise.

So can he.

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