Check out some similar questions!

jpowers997 · Dec 11, 2007, 11:27 AM

Hi I'm a father of two kids which my exgirlfriend took to Florida without my consent we have no court orders not even with child support she's been in Florida for a year now and is threatening me to take me to child support can she do so if she now lives in Florida and has taken my kids to live there I would like to know if I have options in this matter .I haven't seen my kids in a year thank you

ScottGem · Dec 11, 2007, 11:53 AM

With no court orders, then since you weren't married, then the mother is generally considered the custodial parent. Therefore, she didn't need your permission to move.

What you should have done is gone to court to affirm your parentage when they were born. Now its too late.

You can still file for custody, just as she can file for child support. Unless you can prove her unfit, I doubt if you will get physical custody, but you should be able to get visitation.

macksmom · Dec 11, 2007, 12:36 PM

As Scott said, she didn't need your consent to move. You weren't married and there is no court order.

Are you on the birth certificate? If not, you will need to get a DNA test done to prove paternity before you can take her to court for custody issues, and/or she will have to get one in order to file for child support.
If you are on the birth certificate, that is one step out of the way.

Yes she can, and should, file for child support. It doesn't matter where she lives, so be expecting that.

Now, what you should do is file for a custody and visitation hearing.