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Frequently asked questions
General
I agree with the previous answer- you should speak with an attorney about the details of your circumstances, as they will greatly affect the likelihood of whether you would be able to disestablish paternity. I also agree that a home test will not suffice in disproving that she isn't your biological child.
An assessment of the odds that relocation will be granted and how much your child support might increase can't be made from the limited information provided. The factors considered in whether to grant a relocation are contained in florida statute 61.13001. If she relocates and your time sharing % decreases, it could affect the child support. You should consult with a family law attorney in your area and discuss the details.
I agree with the previous submissions. You may have to include/address the man who is listed on the birth certificate in the name change, but you also might be better served by seeking a different form of legal relief and have her name changed via that process. You should consult with a local attorney about the matter to determine your best course of action.
I agree with the previous submissions. I strongly encourage you to seek legal counsel in your area. Although I don't know your circumstances, service is generally one of the more straight forward matters in a case. I expect that you are going to have many other questions during litigation and would likely benefit from legal assistance.
It is certainly within the court's power to award her what she is asking for, if she shows that there has been a substantial change in circumstances since entry of the final judgment and that the changes requested are in the children's best interests. However, the relief requested seems a bit extreme based on the facts, although limited, that you provided. You should consult with an attorney in your area to discuss the matter and to protect your and the children's interests.
You can ask for it, but you don't have any authority on your own to compel it. There is not enough information in your submission to give you guidance in the matter. Generally, if there is a court order regarding time sharing already in place, then it needs to be followed. You may be able to seek modification of it based on your concerns. If you were never married to the father and there is no order regarding the child in place, then you are entitled to make decisions on time sharing. You should consult with a family law attorney to discuss your circumstances and to determine your options.
If you were not married and his paternity was never established, he does not have legally enforceable rights and you are entitled to leave the state with your son. However, he could then initiate a paternity action and ask that the Court require you to return your son to Florida. You should consult with a family law attorney about your specific circumstances and to determine your best course of action.
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