Unwed Parents Out of State Relocation

by Anonymous from Volusia County, Florida

My child is almost three. His father and I were not wed when he was born and separated when he was a few months old. Since then we have lived in close proximity to each other.

We do not have any kind of visitation or child support agreement in place.

He does pay for half of his health insurance but that is all. My child lives and is with me 90% of the time but does visit his father and occasionally stays the night.

Recently, I have been looking at job opportunities out of state and would like to move. I want to know what my and the fathers rights are in this situation.

I will not leave the child with his father but would like to know what the best path for an out of state move is.

Answer to Florida Child Custody Question

Dear Anonymous,

Your absolute best and easiest path is to obtain written consent to your relocation form your child's father.

Write a letter of agreement between the two of you, have him sign and notarize it, and you're done.

If he refuses to sign anything, you can always petition the court to allow you to relocate with your child.

Considering the fact that your motivation to move is that you are trying to get a better job.

And that the father exercises minimal visitation with his child; the court is likely to grant your request.

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 Unwed Parents Out of State Relocation

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Unmarried Mother - Can Child Leave Florida
by: Anonymous

My daughter had a child out of wedlock in FL and has been living with the father for 2 years. Child is now one and a half years of age. Father wants to separate from mother and no longer live together. Can mother take the child out of state so they can live with her parents?

--If there are no court ordered visitation and custody time-sharing arrangements, then my understanding is the mother can move with her child. It is up to the unmarried biological father to assert his parental rights. You can make these issues legal by filing a Petition for Paternity, but there is no requirement that she do so. --Staff

Unwed Parents/Relocation
by: Anonymous

I would like to move my son and I from Florida to Georgia. I have been living with his father (unwed) for a couple of years now. How should I go about filing for custody in another state? And is it legal for me to move out of state where my parents are?

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