PDA

View Full Version : Can I move out of state withm why child if the father is incarrcerated


a_rae22
Jan 16, 2011, 03:41 PM
My daughter is 6 yrs old. Her father is in prison for ten years and has never paid child support. He was getting visitations every other weekend before he went to prison but that was back in 2007. Do I have to ask the courts to move out of state? I don't know what rights he may have even being in prison. Or can I maybe file abandonment? Please help me.

a_rae22
Jan 16, 2011, 03:44 PM
She is 6 yrs old. He has had nothing to do with her since she was 2. He is is prison for 7 years. He is on the birth certificate. How do I go about this if I can. I live in FL.

JudyKayTee
Jan 16, 2011, 04:00 PM
This site says you cannot - Amendment Forms, Applications and Affidavits for Florida Birth, Death, Marriage and Divorce Records (http://www.doh.state.fl.us/planning_eval/vital_statistics/ammend.htm)

JudyKayTee
Jan 16, 2011, 04:06 PM
This is not abandonment.

If there is an ORDER for visitation you have to go back to Court and request a change. If there is no ORDER, you can simply move.

ScottGem
Jan 16, 2011, 04:06 PM
You MIGHT be able to get a court to agree to the name change based on his criminal record. I would consult with a local Family Law attorney to determine your chances.

You need his signature or a court order stating its not necessary.

I've merged your 2 threads since they are similar. As long as a visitation order exists, you need to get court permission to make any change that would affect that order.

a_rae22
Jan 16, 2011, 05:19 PM
There was an order of visitation. I had a restraining order against him for domestic violence so my daughter had to be dropped off where he could not see me and then he would pick her up from there. He showed a few times and then stopped going.

Later I found out he went to prison for ten years.

{Comments merged-<>
Mod Note: Comments are limited, using Answer options is not therefore Answer are preferred for follow-up info or questions.}

a_rae22
Jan 16, 2011, 05:21 PM
Do you know if I can speak to anyone about the matter who can give me legal advice at my local court house? I don't have money for a lawyer but I would like to get some help on the matter.

ScottGem
Jan 16, 2011, 05:24 PM
Try a local women's support group. Also, if there is a local law school, they may run clinics that can help you.