Can I leave State with my children?

[WantsToBeMommy]

What is the name of your state (only U.S. law)? Florida.
I have two children, 1, and 4. I have always lived with their father, and his mother and family When I had my first, I was working and in school, and the grandmother took care of my kids. It was supposed to be a babysitting thing, but when I came home, I found that her, with her domineering attitude, would not let me, with my submissive mindset, take care of him. Everytime I tried, I was yelled at and hollered at for doing somthing "wrong", which wasnt wrong, just not perfect in grandmas eyes. i havent even hardly been able to be alone with my children. I havent been allowed to be mother to my children, and yes its my fault that I didnt put my foot down. But the father and i are separated(we were never married), and Im tired of being walked over. I just want to be mommy to my babys. We currently live in Florida, but my whole family(whom the children have not been allowed to meet) lives in maine. My father lives up there with two houses, tons of land and money where I can live for free and give my kids a good life, instead of down here living in a house full of people who dont work. The father is now supporting all of them, and they are barely making it, getting food stamps in my name, ect. I want to take my kids and give them a better life in Maine and be a mommy to them, but i know that his family(the dad dosnt lift a finger to care for the kids, its all the grandmother) will fight. I doubt theyd get a lawyer in thier finiacial situation, but they will make it hard for me to get them to begin with. I WANT the kids to be able to come see thier family of course, the grandma and dad have the rights to see them. Im not trying to take them away forever to never see the dad or grandma again, I just want to truly be mother to them. Please let me know what I can do!

 

[cyjeff]

You can pack your stuff and leave.

Grandma will sue for grandparent visitation and, if she does it within 6 months of your departure, that case will be heard in Florida.

Even in Florida (which is not an easy place to establish grandparent's rights), I believe grandma has an excellent chance of establishing daily contact and interaction with the children.

But, if you are waiting for someone else to do this for you, it isn't going to happen. You have been there 4 years... you have to grow up and do what is right for your children.

 

[futuredust]

What is the name of your state (only U.S. law)? Florida.
I have two children, 1, and 4. I have always lived with their father, and his mother and family When I had my first, I was working and in school, and the grandmother took care of my kids. It was supposed to be a babysitting thing, but when I came home, I found that her, with her domineering attitude, would not let me, with my submissive mindset, take care of him. Everytime I tried, I was yelled at and hollered at for doing somthing "wrong", which wasnt wrong, just not perfect in grandmas eyes. i havent even hardly been able to be alone with my children. I havent been allowed to be mother to my children, and yes its my fault that I didnt put my foot down. But the father and i are separated(we were never married), and Im tired of being walked over. I just want to be mommy to my babys. We currently live in Florida, but my whole family(whom the children have not been allowed to meet) lives in maine. My father lives up there with two houses, tons of land and money where I can live for free and give my kids a good life, instead of down here living in a house full of people who dont work. The father is now supporting all of them, and they are barely making it, getting food stamps in my name, ect. I want to take my kids and give them a better life in Maine and be a mommy to them, but i know that his family(the dad dosnt lift a finger to care for the kids, its all the grandmother) will fight. I doubt theyd get a lawyer in thier finiacial situation, but they will make it hard for me to get them to begin with. I WANT the kids to be able to come see thier family of course, the grandma and dad have the rights to see them. Im not trying to take them away forever to never see the dad or grandma again, I just want to truly be mother to them. Please let me know what I can do!

Since you mentioned you and the father are "separated", where are you and where are the children? How will they make it hard for you to get your children, are you not with them at this time?

 

[Ohiogal]

You can leave with the children and -- anytime within the next six months -- dad can go to court in Florida and file for paternity/custody/visitation and ask that his children be returned to Florida.

 

[nextwife]

Why is your only option living for free under someone ELSES roof? Why not get a job, move out but nearb y so your kids can have BOTH parents in their lives?

 

[mistoffolees]

Geez. Doesn't ANYONE bother to read this site before asking the same question that's been asked 100 times a week?

1. Has paternity been established? Legally. (In some states, signing the birth certificate is not sufficient. Google is your friend).

2. If paternity has not been established, you have the right to simply take your child and go. However, the putative father than petition the court for a paternity test and if he IS the father, then he can ask for an order for the child to be returned to FL.

3. If paternity HAS been established, you can leave, but Dad can ask the court to order the child to be returned to FL.

4. The grandparents may not have any rights, but the fact that you let grandma do all the parenting could change that.
Grandparents Rights in Florida - Grandparents Rights by State

I'd suggest that you borrow some of that 'lots of money' that your father has and get an attorney. They may suggest that you simply leave and fight the father or he may suggest that you first file for custody and right to leave the state with the children in FL.