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Could I get in trouble for taking my child out of state?

Bankruptcy and Debt 1 views 6 answers
Neither of us has, to my knowledge, filed for paternity and we are not married. Could I get in trouble if I take our son out of state?

Attorney Answers

6
James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
That depends on who you are. If you are the mother, and there has not been an order issued in a paternity action, finding who the father is and what his time-sharing rights should be, then you can take your son out of state at will. Florida Statute §744.301(1), Natural guardians.-- in relevant part states "The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise." So basically, until the father is adjudicated to be the father and a court determines what time-sharing the father should have, he has no rights. Please let me know if this was helpful or the best answer by hitting the appropriate button. Good luck.
0 upvotes
Joel Gordon ·
If there is no court order that prevents you from taking your child out of the state, then you should be able to.
0 upvotes
A Mullaney ·
If you are the mother and there is no court order, you can do what you want. If you are the father then you have no rights to the child until there is a court order.
0 upvotes
Tami Augen ·
If you are the mother, then you have all the rights until such time as a court establishes paternity and timesharing. If you are the father, then, unfortunately, you are not able to until such time as a court establishes paternity and timesharing.
0 upvotes
William Rosenfelt ·
I concur with my colleagues, depending on whether you are the mother or not, as to the "legality" of such an action. The larger issue is whether such a move would be wise. We have zero facts to go on. Furthermore, even if you are the mother, taking the child out of state could reflect poorly on you in a subsequent paternity matter. You need to speak with an attorney in your area experienced in family law. Good luck.
0 upvotes
Thomas Peppler ·
If you are the mother and there is no order in place dealing with paternity or parental rights, you are free to move at will. Once an action is filed and you are served with process, you will be subject to a detailed statute governing your right to move over 50 miles.
0 upvotes

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