Can an Unmarried Mother Move a Child from Florida to Nebraska Without the Father’s Consent?
QUESTION: I am an unmarried mother of a young child. The child’s father signed paperwork at the hospital acknowledging that he is the father, but there is no current court order establishing paternity, parental responsibility, timesharing, or a parenting plan.
Due to financial hardship and unstable housing in Florida, I am considering relocating to Nebraska, where I would have housing and family or financial support. The father objects to the move and says I cannot take the child out of Florida.
Can I relocate with the child to another state without the father’s written consent or a court order when no parenting plan or custody order has been entered?
ANSWER:
I understand that housing and financial stability can make this move feel necessary, but you should speak with a Florida family-law attorney before relocating your child to Nebraska. Although there is no current parenting plan or custody order, the father’s signed voluntary acknowledgment of paternity may give him parental rights as a natural guardian under current Florida law, and an out-of-state move is likely to trigger Florida’s relocation requirements. The safest options are to obtain the father’s written agreement or promptly file the appropriate Florida court action seeking permission to relocate and establishment of a parenting plan.
Moving first, without consent or a court order, can create serious complications, including a request that the child be returned to Florida and potential consequences in a later time-sharing case. Your financial and housing circumstances are important facts for the court to consider, so gather documentation showing the housing, support system, employment or financial assistance, child-care plan, and proposed plan for maintaining the child’s relationship with the father.