My 7 year old son and I live in Florida. His father is currently incarcerated for over 6 years now and will be released by the end of 2009. He went to jail in 2002 when my son was 11months. He wants his son to stay with him in California when released. However, I can not let that happen. I will absolutely die inside. Maybe for summer vacations or breaks from school I can agree upon. But, not to live there . Do I have more parental rights since I had my son for this long? What can I do?

I would go to Family Court and fill out a form to file primary (or joint) custody of your child, if you haven't already. I'm not sure how the family law is in FL, but in most states, if you have joint or primary custody of the child, the other parent cannot legally move away from the State that the child resides in without going to court.

I am not a lawyer but I very much doubt that the father could win custody from you. Are you already divorced and have you already been granted custody of the child?

I have never been divorced or have been granted custody.

You need to go to court asap and file for full custody. I am sure that a judge won't take the child from you and give him to a convicted felon who has been incarcerated for six years. Go to Family court and see what happens. Good luck!

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Originally Posted by C L Richardson

I have never been divorced or have been granted custody.

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Then you need to get off the stick and get to court NOW. You need to file for divorce or, at least, a legal separation. As it stands now, he has equal rights with you. If he takes the kid and goes off to California, you will have a hard time getting him back.

So you need to file the papers immediately to get Full Physical custody. You will also ask for full Legal Custody, but you may not get that. You also want to have supervised visitation.

I strongly advise getting an attorney.

You also don't say what he was incarcerated for. That may have a bearing.

What Scott is saying is correct. Right now there are no custody issues that can be brought before the courts. You need to file for them in the order stated. Divorce / Legal Separation. And child custody and support. You need to act now before he gets out if you plan on going for full custody.