Out of Sate move - 6 months residency?

[Flying_Solo]

I intend to move my 2 year old away from her father. We are not married so to my understanding I would be her primamary caretaker. We are in Fl but I intend to relocate to .

I've been told that it takes 6 months to become resident of a state. So what can he do during that 6 months to force my return to FL.

How long will a petition for paternity take?

How will he serve me, and can I postpone court in a devious way until the 6 months has passed?

 

[Duranie]

You really cannot postpone this and I caution you against doing this. You eventually are going to have to prove the move is in the childs best interest or you do risk losing custody. The 6 month jurisdiction requireent was put in place to keep parents from doing this. Did dad sign the birth paperwork at all? I take it no?

It is possible you will be told to move back or lose custody. It is also possible you may be able to stay in the new state but you may be required to provide transportation to visits. How is Dad supposed to see the child? Be careful how you present this. You might irritate a judge.

 

[lwpat]

Are there any court orders in place?

 

[Flying_Solo]

The father did sign the birth certificate but that is all and we are not married. The are no court orders in place now, and we actually still live together.

What will a judge want to hear in order to prove that the move is beneficial to a two year old?

 

[Duranie]

Well you obviously are going to have to have family in the area you are moving too, or a good job. Dad can easily argue this. IMO, if you 2 still live together it is not right for you to take off out of state and count on Dad filing something in your state. If he signed the birth cert, he has rights and he is the legal father in almost all states. It doesn't matter that you are not married.

why are you moving? Courts very much frown upon you doing this. If Dad and extended family are in the current area, he can have you return the child and he can even get custody.