How canI leave the state with my son?

UPDATED: Jan 11, 2012

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How canI leave the state with my son?

My son’s father does drug but he does work. Yet the financial majority of the support comes from me. Problem is one year back my son’s father totaled my car so I take the bus everywhere I go. This means that the majority of the time my son is with his grandmother on his father’s side. I am leaving the state for help from my family. How easy is it to leave with my son without him trying to take custody from me?

Asked on January 11, 2012 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Are you married to your son's Father? Or id there a custody agreement in place?  Then it is not easy and I would not consider it at all unless and until you have a court order permitting it.  If you leave the state with out his permission and with out an intent to return it could be considered kidnapping. I would then apply to the court for custody and ask permission to move to a safer and less harmful environment for your son.  Now, if you are not married and there is no agreement (or order too) in place then you are th legal guadian of your son under the law and you can act accordingly.  Get legal help.  Good luck. 

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