Can an unmarried mother leave the state of Florida with the child?

Answer 1

In many states there is a law that prohibits a single mother from leaving the state with a minor child. There are exceptions to this rule if the father of the minor child agrees to let the child be moved out of the state.

Answer 2

No. Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up a schedule of regular child support payments for the child if the child is to remain in the physical custody of the mother.

To succeed in a petition for custody the father would need to provide evidence that the mother is unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

• physical, emotional and sexual abuse
• excessive discipline
• failure to protect the child from abuse by others
• failure to report abuse of the child
• neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
• failure to provide proper medical care
• failure to provide day to day parental care
• serious illness or disability
• mental illness
• substance abuse or addiction
• Alcoholism
• criminal activity and/or associations
• incarceration
• conduct or conditions that are seriously detrimental to the child
• abandonment
• child endangerment
• leaving the child unattended or in the care and supervision of a child
• a failure to provide adequate supervision
• unsafe living conditions
• a medical condition that makes it impossible for the parent to adequately care for the child

Answer 3

Being married or not does not change a parent's rights to their child. Both parents have equal rights unless those rights have been removed by the court for specific reasons.

It could be considered kidnapping if you leave the state with your child without the agreement of the other parent, especially if there is a court order granting the other parent visitation rights.

Answer 4

If she has custody of the child, of course she can.