Legal Question in Family Law in Florida

Re: child rights

Some judges are of the belief that he CAN prevent you from moving out of state under Florida's relatively new "50-mile relocation" rule, even though he may not have established his father's rights yet. In fact, moving out of state could cost you temporary custody. You should seek the advice of a family lawyer before you move.

Re: child rights

Even for clients that can agree upon custody and visitation, I always recommend seeking a court order establishing paternity, custody and visitation. Without a court order, each parent has equal rights to custody of the child, which quite often leads to a host of disagreements. Obtaining a court order resolves those issues and outlines each of your responsibilities as far as custody and visitation are concerned -- for better or worse.

Under normal circumstances, he probably can not prevent you from moving out of state; however, if you leave the state and do not allow him access for visitation it will not go well for you in court if he files for custody.

Having you declared an "unfit mother" would normally require some evidence of abuse or neglect.

While proper legal advice can only be given after a full consultation, based on the information provided, my advice would be for you to file a Petition to Establish Paternity, Custody, Visitation and Child Support here in Florida before moving out of state.