Legal Question in Family Law in Florida

My question pertains to sole custody of my daughter. We live in Florida but I want to move back to my home town where I have family support but my daughters father doesn't want me to. We were never married but his name is on the birth certificate ( not sure if that matters). He does smoke weed, but keeps telling me that its not a big deal and the court won't take that into consideration if I want to fight for custody. My question is, is that true or will drug use make him lose his rights as a father? I don't know what to do because I can't make it here as its so expensive and I am completely alone. Also he said if i were to ever move out of state then he wants to be able to bring her here to Florida for months at a time to visit but I don't see that healthy for a 17 month old little girl! Please help!!


Asked on 10/30/11, 11:57 am

2 Answers from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Obviously you have not filed for child support and there is no court records on this matter. With that in mind - you can just leave. Be aware that somewhere down the line he will file for visitation but if he is not paying child support then there is not much chance of that happening either - you must not go to court with unclean hands. Once you get re- established (meaning resident qualification - probably 6 months - but you will need to check) back home - then file for child support. Also if you go to court - ask for a drug test while he is standing there.

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Answered on 10/30/11, 12:56 pm
David Slater David P. Slater, Esq.

If he is listed as the father on the birth certificate, you need court permission to legally relocate. The best interests of the child controls.

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Answered on 10/30/11, 8:20 pm


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