Unwed Father Stop Relocation
by Austin from Panama City, Florida, Bay County
I'm an unwed father paying child support. Can the mother of my children move to another state leaving me without any visitation while I'm paying child support?
And what are my rights as the father, do I have any say because one of my daughters has a severe lung and heart condition, an her doctors are all here.
She plans to move them up north to a harsher climate which can't be good for the children.
Answer to Florida Child Custody Question
My understanding is that as a biological father you have rights and a say as to how your children are raised and you have a right to have your day in court.
But you must have your biological fathers rights established.
Just because you are paying child support does not necessarily guarantee that you have your parental rights established.
If you have your rights established through a court order, like a Final judgment for a Petition to Determine Paternity, and there is an existing Parenting Plan, your children's mother is required by law to ask the court's permission to move if she plans to move more than 50 miles away with your children. See Florida's child relocation statute § 61.13001
for more information.
However, if you do not have your parental rights established as an unmarried biological father and there is no court ordered Parenting Plan, the only requirement she has to comply with is to notify the child support agency of her new address.
If there is an existing parenting plan, you can object to her Petition for Relocation when you receive it.
Otherwise, you will need to file a Petition to Determine Paternity
to have your biological fathers rights established by court and force the issue of relocation.Notice:
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