Child Relocation To Canada

by Michael from Canada

My fiancée has a child from a past boyfriend (never married) and I currently live in Canada. I want her to come live with me where she can give her little one a better education, health care, and over all a better standard of living.

But the father (old boyfriend) is doing everything to stop her from moving even after we tried to come to terms with him.

We offered him to pay no child support, only needs to pay for plain ticket, and flexible time sharing.

Do we have to get full custody of the child even though they were never married? Or can we just get married and move her here (Canada) and if so what would be the best and fastest way to get them here with me?

Answer to Florida Child Custody Question

Dear Michael,

You did the right thing in trying to work things out with the father of the child as your first step. Unfortunately, the only real option you have left is to seek the permission of the court to move the child out of the country.

According to Florida's new relocation law, the majority time parent does not have the right to just move more than 50 miles away from the other parent’s home without an agreement with the non-custodial parent or without the permission of the court.

In fact, there are probably only two legal ways for your fiancée to do this. She must either get a written agreement from all parties entitled to visitation with the child, which could include grandparents if court ordered, or she has to file a Supplemental Petition to Permit Relocation with the court and then serve the father with the court papers.

With this form, your fiancée has to prove, in detail, why a court should allow relocation of the child. As with any decision the court makes in terms of child custody, the move has to be in the "best interests" of the child before it will be allowed by a family law judge.

You have already alluded to the fact that the child will have a better education, health care, and an overall standard of life, but this may not be enough for a court to grant the relocation request.Once the father has been served with this petition, he has 20 days to respond.

He can respond by objecting to the relocation and requesting a hearing.

At the child relocation hearing, your fiancee will have the opportunity to explain why this proposed move will be in the best interests of the child and ask the court to make a decision about the move.

The court will make sure that some type of child support and visitation plan is in place and the stated reasons for moving meet the "best interests" requirement.

At the relocation hearing, the father will also have a chance to be heard and can offer rebuttal on her reasons for moving their son, and why this is not in the child's best interests.

That this may be a tough case since you are moving the child out of country. One of the criteria the court uses to determine custody is the likelihood of continued shared custody. I suggest your fiancee at least seek the advice of a family law attorney for her options and legal advice if she decides to represent herself. Otherwise, retain the service of a local family law attorney before proceeding.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Comments for Child Relocation To Canada

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Relocating Child Out of State
by: by Karen from Atlanta, Georgia

What are the laws for taking your child to another state to live? My grandson has a child with his ex-girlfriend. They have never been married but the court does require him to pay child support. The money is taken out of his paycheck and deposited into his ex-girlfriends checking account. She took the child to live in another state without telling anyone. Is this legal and does he have any rights? Thanks for your help.

--If he is paying child support then he is considered the child's legal father. In theory, as the legal father he has rights, including rights to visitation. This website answers general questions about Florida legal matters. In order to answer your question, I must assume that your grandson and his ex-girlfriend were living in Florida together at some point; and that the mother moved away from Florida with the child.

A Florida Parenting Plan should have been filed with the court whether or not the parties were married. Have a look at our Parenting Plan Forms page for more information. You might also want to download and read the instructions Florida's new Supreme Court approved form 12-950a, Agreement for Relocation of Minor Children and form 12-950d, Supplemental Petition to Permit Relocation with Minor Children to see if either of these is appropriate for your situation. --Staff

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