Legal Question in Family Law in Florida

I presently live in Florida. I have never been married. The father of my son filed a paternity suit and is sitting in it and not doing anything with it. I am in the process of moving to another state and he is telling me it is illegal for me to leave without the Court's permsiion, even though paternity has not yet been established. I am broke and cannot afford an attorney anymore (this is why I am leaving), but have never received anything from the Court or my previous attorney stating I am not allowed to move out of state (i.e., an order)...Am I allowed to go without the Court's permission?


Asked on 3/23/12, 8:57 pm

2 Answers from Attorneys

Lucreita Becude Lucreita D. Becude, P.A.

If all he filed was a paternity action and you have not been served with papers nor requested to participate in the discovery of paternity - then I would say he did not file anything and just told you that. If there is a record on file, then you can look it up at the court house. If there was a record at the court house you would have been advised as to having a DNA test done. Since I do not believe this is the case, leave. If he wishes to pursue in the next state , so be it.

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Answered on 3/24/12, 9:05 am
John Smitten Carey and Leisure

If there is a lawsuit pending then you cannot leave so you have to present your case to the court for relocation asap. Contact my office for free consultation 727-446-7659.

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Answered on 3/25/13, 12:04 pm


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