I live in ocala fl with my 6 month old son can I move to melbourne only 2 hours away from ocala Im moveing with some friends am I able to do so and is there a way he can stop me there is no visitation or anything between us also he's not the real father of the chil I know since he signed the birth certifacate that he is but the real father wants to help and I need my sons last name changed to mine!

First, if he's not the bio father, then you need to have the bio father file for paternity.

But if there is no court ordered visitation then you can move, but he may be able to force you back, though that is unlikely if you move within the same state.

Now is there such a thing as for him getting a junction to not allow me to move 2 hours away

now is there such a thing as for him geting a junction to not allow me to move 2 hours away

He could certainly ask for an "injunction". It is unlikely that he would get one, since (as I understand what you are saying) he hasn't previously gone to court to get any sort of custody or visitation order.

It is called an 'injunction', but can you give us more information about why you have to move ?

What papers do I need to change my sons last name to mine and if the real father desides not to do the dna test for me what paper do I need for that and what's thecost for them

Here (http://www.flcourts.org/gen_public/family/forms_rules/index.shtml) is a good place to start looking.

First, please do not keep asking new questions. Use the Answer/Reply options to add to this thread.

If he is the legal father he can go to court to stop you from moving. You would then have to convince the court to allow you to move. This is why the bio father needs to assert his paternity rights right away. If the bio father won't do that, then you need to file for child support. The court will then order a DNA test to determine legal paternity.

Go to your local family court MoNday to find out what paperwork you need. Or go to social services and apply for assistance.

The issue here is the "father" listed on the birth certificate is and will remain the "REAL LEGAL" father till it is changed.

You can not change the child's name without the legal fathers permission at this point.

You can file for child support of the legal father and he may contest and ask for a DNA test?? Or maybe not, but legally he is the one to pay support at this time

Can he file to stop you, yes he can, and that will be a issue for the courts

Sorry Im new at this plus I had a fussy baby on my hands. So here's the whole story now that I have to baby asleep. We all live in ocala but Im soon to be moveing very very soon like Im hopeing in a couple of weeks. The bio father doesn't have the best of job and he is also prolonging the process with whatever excuse he can come up with and Im not for sure why. The man who signed the birth certifacate (John) kick me and my Son out with me not having a job so I can't exactly do it on my own.I don't have family that has the money to put out for me so Im depending on my friends that know my situation and want to help. The bio father only has enough money to by dipers so John is helping me out with that but fight everything else. He's trying to keep my sons last name as his and is trying to keep me in this county I have given him plenty of chances to come see Gene but doesn't his bio father comes and goes when he has time off but I need to know if I'm moveing, do I do all the paper work from up there or here? And the reason Im moveing is because my mother is moveing back to TN wich I'm staying with here for now and I don't want to take my son away from the rest of his family plus I have a relationship in the works Im wondering if I faile child support when I move does he have to make the trip to come get my son if there is custody shareing I don't have a vehicle or my license just yet another reason Im moveing is because there's more jobs hireing there Im trying to get back on track this has made me fall flat on my face.I need to know what pappers I need and price.

If the move is that imminent, then I would suggest you move and then file. File with social services for assistance. They can then help you get child support.

As to who needs to pick up the child, that will be decided in court.

Why is John listed on the birth certificate and trhe bio father not? Were you aware he wasn't the father when he signed?

OK thank you so much!!

So I shouldn't have many problems to deal with John when I move I just go with the prosses!

Do I move before John can file a injuction to keep me here??

And what about the name change and how hard is it to get his middle name changed?

First, you need to get the paternity issue squared away. When that is done you can request the name change. You WILL have problems until you get paternity, custody and support changed.

So I move then File with social services for assistance and they will help me with paternity and the custody??

So I move then File with social services for assistance and they will help me with paternity and the custody???
I seriously doubt that they will get involved with custody. If they give you financial aid, they might help collect child support, to pay themselves back, but they won't get involved in custody litigation.

I seriously doubt that they will get involved with custody. If they give you financial aid, they might help collect child support, to pay themselves back, but they won't get involved in custody litigation.

Agreed!

I just got told I can't move inless I have an agrement with John about visitation and if I do move he can have me arrested for kiddnapping? Do I have to let him know when I move? (Also I haven't gotten a Paternity test yet so do I have to get one done before I leave/move or can I do that at my other location?)

I just got told I can't move inless I have an agrement with John about visitation and if I do move he can have me arrested for kiddnapping? ...

Who told you this? Unless it was a judge, I would take it with a grain of salt. Generally, parental kidnapping doesn't apply unless you hide the child's whereabouts.


"787.03 Interference with custody.—(1) Whoever, without lawful authority, ... takes ... any minor ... from the custody of the minor's ... parent, ... commits the offense of interference with custody ...
(2) In the absence of a court order determining rights to custody or visitation ... any parent ... who takes, ... that minor ... with malicious intent to deprive another person of his or her right to custody of the minor ... commits a felony of the third degree,"

"787.04 Removing minors from state or concealing minors contrary to state agency order or court order.—(1) It is unlawful for any person, in violation of a court order, to ... remove a minor beyond the limits of this state, or to conceal the location of a minor, with personal knowledge of the order.
(2) ... to ... remove a minor beyond the limits of this state, or to conceal the location of a minor, during the pendency of any action or proceeding affecting custody of the minor, ... without the permission of the court in which the action or proceeding is pending.
..."



... Do I have to let him know when I move? ...

If he claims to be the father, and there is some basis for that belief, you should let him know where you move to, right after you do it.


... (Also I haven't gotten a Paternity test yet so do I have to get one done before I leave/move or can I do that at my other location?)

It can be done at the other location, but paternity testing isn't accepted by the courts unless it is done as the court orders.

So I can't just go get a legal paternity test done? I have to go through the courts?
Also what does social services help witth??

Judy, all of your questions are answered, so all you have to do is start from the top and read through all the answers. I know it is tedious, but all of the information has been posted by AK lawyer and ScottGem clearly. AK lawyer has given you links to websites that give you information to start. All you have to do is click on the blue link.

Good luck

Tick

Thank you all, The reason I kept asking questions is because I didn't understand what all the letters where on the link like the RTF and PDF after playing around with it and well a friends help I got it, so thanks a lot I think I have all I need now. Im good at typeing just not good with computers lol!

I found just one more question them Im done promise, I looked all over that link and I couldn't find where the fee waver form was do I have to go to the court house to get that or is there some other link I can go to?

Hi Judy, Sorry, my Internet access was dead for a couple of days.

First, a few points on using this site. When you post a response, if you are replying specifically to what someone posted, use the Quote feature so we know what you are referring to. This isn't a chat site so responses may not be immediate. Sometimes you may have to wait hours or even days for a response. Finally, if you want to add something after you submit a post, use the Edit button if one is there (it may not be) to add to a post.

As AK said, social services will not help with custody/visitation, but they should help with establishing paternity and getting support. Once paternity is established, you can then use that to file for custody.

I guess your friends have explained that RTF and PDF are different file formats you can use to download the forms.

Also as AK said, I seriously doubt if there would be a kidnapping issue. You are not moving out of state, nor are you hiding where you move to. I'm also wondering who told you that.

As for the fee waiver, If you can't find the form online, then ask the court clerk. They can direct you.

You can ask as many questions as you need to, but be patient and don't keep repeating the same questions. Just ask once and wait for an answer. And please keep us posted, let us know how this is working out for you.

I found it interesting...
742.10 (1) “…a notarized voluntary acknowledgment of paternity… creates a rebuttable presumption … of paternity and is subject to the right of any signatory to rescind the acknowledgment within 60 days after the date the acknowledgment was signed or the date of an administrative or judicial proceeding relating to the child, including a proceeding to establish a support order, in which the signatory is a party, whichever is earlier…”

742.011 Determination of paternity proceedings; jurisdiction.--Any woman who is pregnant or has a child, any man who has reason to believe that he is the father of a child, or any child may bring proceedings in the circuit court, in chancery, to determine the paternity of the child when paternity has not been established by law or otherwise.

742.18 Disestablishment of paternity or termination of child support obligation.

(1) This section establishes circumstances under which a male may disestablish paternity or terminate a child support obligation when the male is not the biological father of the child. To disestablish paternity or terminate a child support obligation, the male must file a petition in the circuit court having jurisdiction over the child support obligation.

742.108 Criminal penalties for false statements of paternity.--Notwithstanding any other provision of law, any person who knowingly and willfully provides false information to the sheriff's office, other law enforcement agency, or governmental agency, or under oath regarding the paternity of a child in conjunction with an application for, or the receipt of, public assistance for a dependent child commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, in addition to remaining subject to any other civil or criminal penalties for perjury or making false statements which are applicable under other provisions of law.


I found only one form for disestablishment of paternity but it must be filled by "John". I am not sure whether OP and the biological father have standing to file for paternity determination or only "John" has that right.
http://www.flcourts.org/gen_public/family/forms_rules/951a.pdf

District Court of Appeal of Florida,Fifth District.
G.F.C. Appellant, v. S.G. and D.G. Appellee.
According to G.F.C. dismissal of this petition was improper because he has the legal right to seek an adjudication of paternity and legal fatherhood over the objection pursuant to section 742.011.   G.F.C. argues further that the trial court erred in not conducting an evidentiary hearing to determine whether it would be in the child's best interest to shift legal fatherhood to him.   We disagree.   G.F.C. had no right to institute this paternity action either under the common law, the Florida statutes, or the state and federal constitutions.

In closing, we recognize that Florida's courts will continue to be confronted with many similar delicate issues relating to children.   Eventually, the legislature may further clarify the state's policy with regard to the rights of children and fathers.   Until then, we are reluctant to legally recognize lawsuits instituted by those simply professing to be biological fathers which impugn the legitimacy of children.



...he's not the real father of the chil I know since he signed the birth certifacate that he is but the real father wants to help and I need my sons last name changed to mine!...]what papers do i need to change my sons last name to mine and if the real father desides not to do the dna test for me ...The bio father doesn't have the best of job and he is also prolonging the process ...The bio father only has enough money to by dipers so John is helping me out with that but fight everything else...:confused::confused::confused::confused::co nfused:Everybody makes choices, and nobody should be entitled to special treatment because of those choices