Legal Question in Family Law in Florida

Taking a child across state lines

My husband has a child from a previous relationship (they were never married - just dated for a few years). She is now engaged to someone in the army stationed in Tenn and wants to move the baby there after they get married and work out some kind of custody. The minor child is almost 18 months now and will be approx. 2 at the time of the move. Although no custody has been awarded by the court, can she take him without permission? We have been told (in the past) by law enforcement and an attorney that we have no legal rights because they were never married. That she basically has full custody ''by default'' - what? So she is under the assumption that she can personally decide when we see him. Currently we have an agreement where he spends exactly half the time with each of us during the month (i.e. 4 days with us 3 with her and the 4 days with her and 3 with us). Please help!

Asked on 11/30/08, 12:27 pm

1 Answer from Attorneys

Kelly Papa Law Office of Kelly Papa

Re: Taking a child across state lines

Has your husband established paternity? He can petition the court for formal custodial/visition rights for the child. There are standard guidelines for individuals who live in different states.

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Answered on 12/01/08, 11:38 am

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