Can My Child's Mother Move From Florida And Take The Child With Her Without My Permission?

Under specific circumstances, yes, they can. For example, if your name is not on the birth certificate as the father, and you were not married to the mother at the time of the child’s birth, and you have not commenced any type of paternity action, you are legally not considered the father of the child.

The mother can move the child out of the state or even out of the country, and you will have no legal right to object to the relocation.

If this is the case, and you are interested in establishing your legal rights to the child, you may consider bringing a paternity action. In Florida, any man who believes that he is the father of a child can file a paternity action for child custody rights. Women can also file paternity cases, too, which are usually done so that they can receive child support.

In some cases, the State of Florida Department of Revenue may file a paternity action if the child’s mother or guardian requests government assistance for the child.

In order to establish paternity in Florida, you can file a Petition to Establish Paternity. If you are filing in Florida, you must be a resident of Florida for at least six months prior to filing. As part of the case, you may be required to take a DNA test, unless you and the child’s mother both agree on the paternity of the child. If there’s a dispute, a DNA test will typically be ordered.

Once you are established as the father of the child, you will have legal rights over the child. This includes the right to object to the child’s mother moving the child out of the area. You will also most likely have a right to some custody and/or visitation with the child. However, you should be aware that you will most likely have the obligation to pay child support once it has been established that you are the father.


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