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?

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1 Lawyer Answer
Rand Scott Lieber
Rand Scott Lieber
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.

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