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  1. #1
    Join Date
    Dec 2016
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    Default Can You Stop Your Ex- From Moving Your Infant Child Out of State

    My question involves a child custody case from the State of: Florida

    My fiancÚ and I had an argument when she was 6 months pregnant. We were living together in Florida at the time. She went to "visit" her mother in South Carolina. She never came back.

    Fast forward a few months. She recently gave birth. I traveled there for the birth and I am on the birth certificate. The baby is about a month old now and I've been up there two more times already to visit.

    She now says she wants to move back in with me in Florida. I'm hoping everything goes great this time around BUT if things don't go well and she decides to run off again to South Carolina could
    I stop her this time from taking our daughter back out of state? Her mother lives in the northern portion of SC and it is about a 9 hour trip one way.

    Any advice would be greatly appreciated. Thank you so much.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Ex Moved Out of State Just Before Birth, Moving Back Soon. Can I Keep Her Here

    File for paternity and get custody and visitation fixed - sooner rather than later. Then, if Mom wants to relocate with the child, she'll need either your permission or permission from the court.

    If you don't get that done, she's free to go wherever she wants with her child.

  3. #3
    Join Date
    Dec 2016
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    3

    Default Re: Ex Moved Out of State Just Before Birth, Moving Back Soon. Can I Keep Her Here

    When I went to South Carolina for the birth we both signed a paternity acknowledgement form and filed it so I could be on the birth certificate.

    Do I need to do something in addition to that?

    Then it sounds like once she moves back to Florida we need to get a formal visitation schedule in place otherwise she can come back and live with me for 6 months and then if she has a bad day she can move to Alaska and I have no way to keep her here or within a reasonable distance for visitation?

    I didn't know if there was a time period of her living in Florida or if she had to get a job here or what it was specifically that would prevent her from moving away with our child without my consent.

    By the way. Thank you for the reply to my question.

  4. #4
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    Apr 2009
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    Default Re: Ex Moved Out of State Just Before Birth, Moving Back Soon. Can I Keep Her Here

    Okay, you've got paternity sorted out (please tell me you got a DNA test first .. right?). That's one less thing

    There's no specific period of time that makes it harder or easier for Mom to relocate, but Florida could typically claim jurisdiction 6 months after she returns with the child (to FL).

    The courts do regularly allow relocations to go ahead even if the remaining parent objects (it's more common than you might think). There's no real way of predicting how a court will decide a particular case, and there are many factors taken into consideration but ultimately it falls down to the "best interests" standard. Mom having no support in Florida, for example, but having support in SC would be something to consider. Having a new job in the other state is another. So, when faced with a relocation petition the court really has only two options:

    1. Allow the relocation or, if the parent wishes to move regardless,
    2. Change custody to the remaining parent.

    Florida is somewhat stricter than many states and if the parent relocates without permission it can actually result in the other parent getting custody regardless. However as a practical matter it's not quite so cut and dried and all too often the parent simply moves with the child, and ties up the process for so long that the court is faced with the prospect of removing the child from their now-settled new home; it may be hard to argue that making the child move all over again is in the child's best interest.

    What I think you should do (before she moves back in) is have a chat with a local attorney who will be able to gauge how your local courts tend to rule.

  5. #5
    Join Date
    Dec 2016
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    3

    Default Re: Ex Moved Out of State Just Before Birth, Moving Back Soon. Can I Keep Her Here

    Thank you so much for your response. I actually did buy a home DNA kit but I ended up not using it yet because I felt bad about it... from what I read I have 60 days to recend my paternity acknowledgement so I thought about sneaking a swab on the next visit.

    I will consult a local attorney but you have been a big help so far with basic expectations. It seems to be more up to the judge based on individual circumstances rather than a black and white standard which I didn't realize.

    Ultimately I want what is best for the child so I'm glad if it comes down to having to go to court the judge will hear individual circumstances and not just make blanket decisions.

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Ex Moved Out of State Just Before Birth, Moving Back Soon. Can I Keep Her Here

    Quote Quoting 1337Guy
    View Post
    Thank you so much for your response. I actually did buy a home DNA kit but I ended up not using it yet because I felt bad about it... from what I read I have 60 days to recend my paternity acknowledgement so I thought about sneaking a swab on the next visit.

    I will consult a local attorney but you have been a big help so far with basic expectations. It seems to be more up to the judge based on individual circumstances rather than a black and white standard which I didn't realize.

    Ultimately I want what is best for the child so I'm glad if it comes down to having to go to court the judge will hear individual circumstances and not just make blanket decisions.
    Good luck, Dad!

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