Gainesville, FL asked in Family Law and Child Custody for Florida

Q: I am a unmarried mother, resides in Florida, the child was born in the state of Colorado. Do I have full legal custody?

My child was born in Colorado, but my primary residence is Florida where the child and I live. Does the resident state laws apply or does the birth state laws apply to custody?

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2 Lawyer Answers
Rand Scott Lieber
Rand Scott Lieber
Answered
  • Divorce Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: In Florida, the mother is in control until the father goes to court. You do not mention how long you have lived in Florida or how old the child is. If you and the child have been living in Florida for more than six months then any legal action (like a paternity suit) would have to be in Florida. Speak with a local family lawyer for more specific advice.

Destardes Moore
PREMIUM
Destardes Moore
Answered
  • Divorce Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Additional facts are required to provide a comprehensive response to your inquiries. However, if the minor child has resided in the State of Florida for at least 6 months, Florida holds jurisdiction over the minor child, provided that no other state has asserted jurisdiction. Seeking advice from an attorney is recommended to ascertain which state's laws are applicable to your situation. This determination will influence your custody status. Best of luck with everything!

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