Her father's name is on her birth certificate. But we were never married and have no custody arrangement. He is currently in prison for violating his probation.

Yes, you may.

Should I file for sole custody?

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Originally Posted by jburns198614

Should I file for sole custody? .

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The father is gong to have a hard time opposing whatever you ask for, at least until he gets out of prison.

But if you file now, you will have to file in Florida, unless you wait six months. If you move to, say, California, Florida will still be the child's "home state" as long as the father remains in Florida. So if he were to get out of prison 15 years from now, he would file for visitation, change of custody, or whatever, in Florida.

My daughter's father is in prison in FL, where he has been most of her life. His name is on her birth certificate. But we do not have a custody agreement. She and I moved to CA and I am getting married in a few months. I haven't accepted any calls from him since we moved. He might be released at the end of this year. Should I file for sole custody?

Yes you can move. But there is a possibility that you might have move back. The father has rights, but his criminal past will work against him.

I would move, then apply for sole custody after you have established residency where you move to.

I've merged your threads. Please don't start multiple threads for the same issue. You should have told us initially that you already moved. You cannot hide the child from its legal father. That can be considered parental kidnapping and will work against you in a custody battle.

Should I file for sole custody?

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My daughter's father is in prison in FL, where he has been most of her life. His name is on her birth certificate. But we do not have a custody agreement. She and I moved to CA and I am getting married in a few months. I haven't accepted any calls from him since we moved. He might be released at the end of this year. Should I file for sole custody?

What is actually happening here? In your first post you ask if you CAN move and in your second posting you state that you already HAVE moved? Which is it? If you have moved already how long have you been in California ?

I have already moved. I should have phrased my question better. It should have been is it OK that I have moved?

We have been in CA for 3 months

{Comments Merged}

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Originally Posted by AK lawyer

So if he were to get out of prison 15 years from now, he would file for visitation, change of custody, or whatever, in Florida.

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Not necessarily. If no court action was initiated prior to the move AND the establishment of residency, I believe CA will retain jurisdiction. However, if the father starts proceedings before the mother establishes residency in CA, he would be able to keep jurisdiction in FL.

What steps would I need to take to establish residency?

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Originally Posted by ScottGem

Not necessarily. If no court action was initiated prior to the move AND the establishment of residency, I believe CA will retain jurisdiction. However, if the father starts proceedings before the mother establishes residency in CA, he would be able to keep jurisdiction in FL.

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I was trying to say that if she files in Florida now, Florida will remain the home state. And when I wrote that I didn't know that she is already in California.

My example of California was just a lucky guess. Or maybe I'm psychic. :)

First, if you have a follow-up question or info, please use the Answer options at the bottom of the page, not the Comments.

Basically you have to prove you have resided in the state for 6 months and the county for 3.