what are the rules for child custody in Florida? (attorney, rental)

[memoriesbre]

Can a mom that isn't married to the father of her child leave the state? The child has the father's last name but the parents were never married.

[SoFLGal]

I would consult an attorney. My guess is that he would have some say in it. Many of these issues are often spelled out in a custody hearing when a couple is divorced. Since you didn't have this it might be a bit complicated.

[memoriesbre]

I am not the one with this situation. It's my daughter's girlfriend that had the baby but is not married to the father. Thanks again for your help.

[daniellefort]

well i left the state of NH with my daughter here to FL but i had to be leaving for a reason not just to run away. I enrolled in College here in FL but he got visitation 12 weeks a year (through the courts) which he did one time and then never again because we had to spend money to come down and get her. I don't think anybody should run away without letting the second party know about it because then you might end up in trouble when it comes to court time. what happened in my case is i told them i was moving to FL and they initiated the courts to try to keep me back in NH but once i gave reason for moving, they allowed me to go.

[FindMyBestFriendsMom]

It is my understanding that unless there is an actual custody hearing the father although his name appears on the birth certificate has no custodial/parental rights when a child is born out of wedlock.

I would suggest consulting a family law attorney or even a legal aid program, the last thing your daughter's friend wants to do is find herself in a worst situation that is needed. IF the father has not had much contact or paid child support then there may be not much to argue and a quick process.....

Best of Luck

[memoriesbre]

She is not running away. She still lives with the father but is very unhappy. He does take care of the both of them, but still, she is not happy living with him. Thanks for your input so far.

[daniellefort]

Originally Posted by FindMyBestFriendsMom

It is my understanding that unless there is an actual custody hearing the father although his name appears on the birth certificate has no custodial/parental rights when a child is born out of wedlock.
Best of Luck

No that is incorrect. I wasn't married and his name was not even on the birth certificate but she had his last name but once he filed a court hearing for visitation, unless i admitted, we would have to do DNA and all that crap to prove paternity but their name can be on the birth certificate and they have rights regardless. It usually takes a court hearing to enforce the parental rights if the parties do not cooperate with each other. It is also then that child support becomes enforced and visitation schedules are made. Believe me, it's best if 2 people can work it out on their own and still be on good terms with each other rather than get all nasty and let the courts decide. In her case, she could ask him if she can move but if he says no, the only alternative is court proceedings if she wants to move away that bad but needs to have good reason to want to move.

[sunrico90]

Originally Posted by memoriesbre

Can a mom that isn't married to the father of her child leave the state? The child has the father's last name but the parents were never married.

See link to Child Support Services:

MyFloridaCounty.com --> Child Support Services

[Lilybeans]

Here's the deal. Unless there is a court order keeping someone here, there is no legal reason why they can't go. Of course, if someone files a court action, then the child will probably have to come back.

[memoriesbre]

Wow, what a mess this can be for her.