I need Help with a child custody/divorce in Florida.?
I am in the process of obtaining a lawyer but need immediate advice. My husband does not have his name on my daughters birth certificate and we were not married at the time of her birth. I would like to move to Texas as i do not feel safe living in the house with my husband.I have been advised by law enforcement my husband can not stop me from leaving Florida. My question is can i be forced to bring my daughter back to Florida taking into consideration that my husband is not on the birth certificate and we were not married at the time of birth. Please do not judge me because you do not know my situation.I am not trying to hurt my husband and would not be considering such drastic measures if our safety were not an issue. I am simply trying to make a better life for my family and want to make an informed decision.
These people answering have NO idea what they are talking about.
Yes, you can leave with your daughter so long as there is not current order in place stating the child’s residence/custodial parent. HOWEVER – he is easily able to order an emergency hearing in court and a judge WILL order you back to the county until custody/visitation is determined. This is so that the state will have jurisdiction over the child.
It doesn’t matter if he’s not on the birth certificate – he’s your husband and her presumed father. If he’s going to court filing a custody order, they look at him to be the legal father.
If you just up and flee with your child and the court has to order the child’s return, it’s really not going to look good on you. Speak with a lawyer regarding a restraining order/order of protection for the child if you feel that she’s in danger. Best of luck.
January 31st, 2010 at 1:50 am
If he’s not on the birth certificate as the father than you can leave and don’t have to return,but you can’t ask for child support either.
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January 31st, 2010 at 2:22 am
You can leave the state. Since the father’s name is not listed as the father, he has no rights, until paternity is established. When you get to your states destination, after being a state resident through it’s requirements. You can go to that county friend of the court to establish paternity, and the recieve custody orders along with child support orders.
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January 31st, 2010 at 2:52 am
I just want start off saying Im not going to judge you because its not my place only god can judge you. Sweetheart LEAVE if you feel that you or your child is not safe LEAVE. His name is not on the birth certificate there’s nothing he can do until the day you establish perternity. Do what you have to so you can live a peaceful life. Hope you do what’s best for your daughter, Because at the end of the day its all about her and her happiness and wellbeing
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January 31st, 2010 at 2:58 am
I agree with the above, if he is not on the B. Cert. than you have no problem you can leave at any time. I think if you are in a bad situation you need to get out, and if you do believe in God don’t worry about anyone judging you, because he will be behind you 100% Do what you need to do for your child and make a better life.
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January 31st, 2010 at 3:16 am
These people answering have NO idea what they are talking about.
Yes, you can leave with your daughter so long as there is not current order in place stating the child’s residence/custodial parent. HOWEVER – he is easily able to order an emergency hearing in court and a judge WILL order you back to the county until custody/visitation is determined. This is so that the state will have jurisdiction over the child.
It doesn’t matter if he’s not on the birth certificate – he’s your husband and her presumed father. If he’s going to court filing a custody order, they look at him to be the legal father.
If you just up and flee with your child and the court has to order the child’s return, it’s really not going to look good on you. Speak with a lawyer regarding a restraining order/order of protection for the child if you feel that she’s in danger. Best of luck.
References :
January 31st, 2010 at 5:28 pm
It would be better to have the custody worked out before you do any moving. It is fairer for all involved including your daughter.
Nicola
http://www.simpledivorceadvice.com