Florida Jurisdictional Issues & Parental Relocation
Unmarried Parents, Relocation with a Minor Child Out of State
Relocating with a minor child in Florida is a hot topic, especially given that Florida is such a transient state for many. With an increasing number of unmarried parents in Florida, mother’s having sole parental responsibility and custody is not unusual. The Florida Statutes allows for an unmarried, single mother to relocate with her minor child anywhere she wants. If the father has not sought to establish paternity, and there are no pending matters before the courts for child support or to establish timesharing, by law the mother can relocate out of state or within the State, even if the father has signed the birth certificate. However, the unmarried mother in these circumstances should consult with a lawyer prior to relocating with the child.
Florida Retains Jurisdiction for 6 Months
CAUTION: In any relocation matter, it is highly recommended that any parent seeking to move out of state or in excess of 50 miles, should seek legal advice and representation before they move. Florida abides by a “home state” rule with regards to child custody, and time-sharing. In essence, if Florida was the “home state” of the child within six months before any proceedings were initiated the court has Jurisdiction over the child and matters related to parental responsibility and time-sharing.
Jurisdiction and Absence of Established Paternity
If the child was born in Florida, regardless of the absence of established paternity or timesharing agreement, the State of Florida has jurisdiction over the minor child so long as Florida is the child’s home-state. As such, if an unmarried mother relocates with a child and if the father decides to file a paternity action and a motion to establish timesharing, the courts could order the mother to return to Florida with the minor child. If there is evidence to show that the father had established a relationship with the child, the father is on the birth certificate or there are other mitigating factors, the father might be awarded equal timesharing, and the mother would have to relocate back to Florida with the minor child to avoid further actions against her.
Jurisdiction and Child Custody (Time-sharing) Tampa Bay, FL
Jurisdiction over family law matters in Florida can be difficult to navigate. Child custody attorney Nilo J. Sanchez has decades of experience in jurisdictional issues as it applies to Florida Family Law. If you are wishing to relocate with your minor child and believe you can just move because there is no current court order, you may wish to seek sound, legal advice prior to doing so.
Establishing Paternity in Tampa Bay
If you are an unmarried, single father who has established a relationship with your child or you wish to establish paternity in Tampa Bay, it is wise to do so as soon as possible. Waiting to establish paternity can result in the mother moving long distances with the minor child. This can result in limiting your ability to establish a meaningful relationship with your child.
Parental Relocation Attorney, Tampa, Lutz, Wesley Chapel, Brandon, St. Pete/Clearwater
Nilo J Sanchez & Associates is a seasoned Tampa Bay Child Custody and (time-sharing) attorney. If you are considering relocating with a minor child or if you are concerned and need representation and sound legal advice regarding a matter of parental relocation with your minor child, please call 813-879-4600 to schedule a consultation.
Parental Relocation with a Minor Child Post Judgement
READ: Relocating with a Minor Child (Divorced couples)