Laurel Hill, FL asked in Family Law for Florida

Q: Can I take my son and move back to my home state. Is there anything the father can do? We reside in Florida now?

I lived in New Hampshire and he moved up there to be with me. Well we ended up having a baby and when the baby was 5 months old we moved to Florida, he is now 18 months. But I had no idea how controlling and abusive he was gonna be, and from his attitude and the stuff that he says he does not want my son. So I want to move back to New Hampshire so we can be happy and I can have my life back. But I'm afraid if I do he can file papers or so some other legal actions and I'll will get in trouble taking my son. But from what some people have told me in the state of Florida you can take your child with u even out of state and there is nothing the father can do. I just wanted to know if it was true before I just up and leave?

Related Topics:
1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Hollywood, FL
  • Licensed in Florida

A: You do not mention whether you have ever been to court for paternity. If there has never been a paternity order then in Florida the mother is in complete control. However, if you move the father can file a Petition for Paternity here (FL) and since you have lived here for the past six months it is Florida that has jurisdiction to handle your case. Speak with a local family lawyer for more specific advice.

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.