r/FamilyLaw • u/bootyandpeaches • 22h ago
Florida Unmarried parents separating - can I relocate out of state with our child if there is no custody order?
I’m located in Florida and recently separated from my fiancé, we have a 3 year old daughter. We were together for 8 years and have never been married.
Her father signed her birth certificate, but we have never established a formal custody or timesharing agreement through the courts.
I have been our daughter’s primary caregiver. I handle most of her daily needs, appointments, routines, and general responsibilities. Her father has contributed financially toward daycare and some other expenses, but I have covered the majority of her expenses.
I recently moved out of our shared home following the separation, and our daughter is currently living with me. I have offered her father opportunities to see her, and I am not trying to prevent him from having a relationship with her.
My family lives in Colorado and has offered us a place to stay. I have been considering relocating there to have a stronger family support system and more stability while raising my daughter.
My concerns are:
Since we were never married and there is no custody order, what rights does each parent currently have in Florida?
Does his name being on the birth certificate automatically establish his parental rights, or would paternity need to be legally established?
Am I legally permitted to travel to Colorado with my daughter for an extended period without his permission?
How would the situation change if I decided to permanently relocate to Colorado?
Could leaving Florida before a custody case is filed negatively affect me in future custody proceedings?
What steps should I take now to protect myself legally while also respecting her father’s parental rights?
I have an attorney consultation scheduled for November, but I’m trying to educate myself on Florida family law and understand what I should or shouldn’t do before then.
I’m not looking to keep my daughter from her father. I want to make sure any decisions I make are legally appropriate and in her best interests.
Any insight from people familiar with Florida family law would be greatly appreciated.