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I Want to Go Home, Can I Take My Child Back to My Home State

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  • 10-24-2012, 08:15 PM
    ewell
    I Want to Go Home, Can I Take My Child Back to My Home State
    My question involves a child custody case from the State of: Florida/Tennessee

    Unwed couple has child. Father is from TN, mother is from FL. Child is born in FL father is not present a birth. Birth certificate has only mother's name. Mother moves to TN to try and make it work, gets birth certificate amended and includes father's name. Mother changes all her residency documents to match move to TN. Relationship fails, can mother take child (full custody) and return to her home state of FL?
    Please advise.
  • 10-24-2012, 08:18 PM
    Dogmatique
    Re: I Want to Go Home, Can I Take My Child Back to My Home State
    Timeline please?

    Age of child, how long have they resided in TN, etc.
  • 10-24-2012, 08:23 PM
    ewell
    Re: I Want to Go Home, Can I Take My Child Back to My Home State
    Child is a little over 2 months. Mother and child moved to TN Sept. 15, 2012.
  • 10-24-2012, 08:35 PM
    Dogmatique
    Re: I Want to Go Home, Can I Take My Child Back to My Home State
    Then Florida would have jurisdiction. You're free to move with the child, and even if Dad objects there's very little he could realistically do to prevent you from relocating.

    If he files ANYTHING in TN, you need to respond ONLY to request the case is dismissed for lack of jurisdiction.

    Frankly, you need to file as soon as you get back to FL to establish custody and child support.
  • 10-24-2012, 08:52 PM
    ewell
    Re: I Want to Go Home, Can I Take My Child Back to My Home State
    Not to sound ignorant, but how long do I have in the state of TN before it's too late to go back home to FL with her? (If I held out hope the relationship would work) Basically will/can I get stuck in TN unable to take child after x amount of time.
  • 10-24-2012, 08:53 PM
    Dogmatique
    Re: I Want to Go Home, Can I Take My Child Back to My Home State
    If you remain in TN for 6 months, you'll find that TN has jurisdiction. Is there any reason Dad can't move to FL?
  • 10-24-2012, 09:07 PM
    ewell
    Re: I Want to Go Home, Can I Take My Child Back to My Home State
    Again not to sound stupid... but if TN has jurisdiction can I get into legal trouble if I leave with her?
    And a) His job b) His family c) He HATES FL... he wont move. His response is I met him in TN, where HE lived, why should he have to move to FL.
  • 10-24-2012, 09:12 PM
    Dogmatique
    Re: I Want to Go Home, Can I Take My Child Back to My Home State
    Given that you have no current court orders, the answer is no - even if TN has jurisdiction, you can still leave with the child. However all Dad would have to do in that case would be to file in TN to have the child returned.
  • 10-24-2012, 09:18 PM
    ewell
    Re: I Want to Go Home, Can I Take My Child Back to My Home State
    So he could potentially make me come back if I dont get back to FL with her in a timely manner..... :(
  • 10-24-2012, 09:20 PM
    Dogmatique
    Re: I Want to Go Home, Can I Take My Child Back to My Home State
    In a nutshell, yes.

    I know you want the relationship to work out. But...ask yourself, if he's so unwilling to compromise, and you're already hesitant about the relationship, do you really want to take that risk?

    - - - Updated - - -

    (Well, he can't make you go back - but the court can force the child to go back)
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