My Girlfriend Violated Felony Probation and Took Our Kid Out of State

Question:

What can I do if my girlfriend violated felony probation took our 3yr old and went to a different state no custody order?
Because of her warrant she lost her disability checks and all benefits for 3yr old my ex is also HIV & HEP C positive because of warrant lost access to her HIV meds my 3yr old and I are negative for HIV & HEP C I am birth father and I am on the birth certificate

Joseph Gufford:
You need to file a Paternity/Parental Responsibility action coupled with an Emergency Motion for the Return of the Child. I would also advise law enforcement and DCF of the situation.

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Can I move out of State with my child?

Question: Can I move out of state if I have a child and have been separated from his father 3 years but are still legally married? We have a child support order already but no custody agreement. My sons lives with me full time

Joseph Gufford Child Custody Attorney Stuart

The short answer to the question is Yes. You can go with your child wherever you want to so long as there is no court order in place that prevents you from doing so. The real answer is that if you did leave the state with the child, you could be placing yourself in a difficult legal situation as Florida would be the home state of the child until such time as you had lived outside the state with the child for 6 months. The relocation statute could come into play. 61.13001. Thus, while you probably can leave, it might not be best to do so without getting things in place properly before you go.