out of state visitation with no court order

my daughters father moved from florida to georgia and me and my daughter still live in florida. He wants to get her for the summer and take her to georgia but does not want to get court ordered visitation. I was told that if i let her go to georgia without a court order stating when he has to return her that he does not have to and that if he decided not to return her I would have to then go to georgia and fight him for custody of her through the georgia courts and that florida laws would not apply. does anyone know if this is true?

Let's back up a little first.

Is the man her legally established father? Meaning, did he sign an Acknowledgment of Paternity at the hospital she was born at? And/or, has there been a paternity test determining he is the legal father? Do you both have a custody agreement, outside of court, in place?

If so, then yes, theoretically he can keep the child as long as he wants to and the police will do nothing about it, as, it's a civl matter and not a criminal one. The only way you could get the child back would be to file an Ex Parte Emergency Custody petition, IF he were to actually keep the child and not return her to you.

Of course, either in or out of his physical custody, he can always file for custody himself. Yes, he can file for Ex Parte Emergency Custody as well, in his state, and yes, you would have to fight it there, or have your attorney get the motion back in your own state. Keep in mind this only applies if he is already established as her legal father.

If he is not, then you do not allow the child to go with him or anyone else UNTIL LEGAL PATERNITY has been established.

Yes he is her legal father and he signed her birth certificate at her birth in the hospital. We have a child support order here in florida and I get child support from him but that is not a custody order stating that I have legal custody. Since we havent been to court for custody or visitation that was what I was afraid of, that he could just not give her back if he wanted to and there would be nothing I could do about it except file for emergency custody but have to do it in his state. I cannot afford an attorney so I dont think I can take the chance of sending her there without a court order stating when he has to return her. Its not even her father that tells me he wants to see her over the summer or discusses anything about seeing her with me. It is her step mom that does all the talking and tells me they want her and when they want her and for how long. It wouldnt even be her father coming to pick her up if I were to send my daughter there. It would be her step mom. I just feel that its more her step mom in my daughters life than her own father because shes the one always saying what she wants when she doesnt matter, her father does and I have told him this numerous times that he needs to be the one to talk to me about our daughter. I dont even have a problem with the step mom, we get along civil its just a matter of her dad needs to step up to the plate and take on his role as a father to his daughter and stop letting his wife do it. I feel like she wants to see my daughter more than he does. She writes my daughter letters and sends them to her in the mail, sends her gifts ALL the time and when my daughter would go to there house while they still lived in florida she was making my daughter call her mommy because she said that it makes her sad when my daughter calls her by her name. I just feel like they are going to try to keep my daughter because the step mom has always wanted a daughter and she cant have anymore kids for a medical reason so its like shes trying to take mine.I feel bad not sending my daughter because she really wants to go there this summer and its not that I dont want her dad to see her, I just want to ensure that I am going to get her back and now that he is living out of state not having a visitation or custody order is just too risky. Oh and did I mention before that her dad has mentioned to me that he doesnt want to go through the courts for visitation he just wants us to agree without a court order involved. Does this sound a little fishy?? Also do you know if a notarized letter would work instead of a court order or no? Thank you so much for your help and I think I know what I have to do and that is to keep my daughter in florida with me until her father gets a visitation order form the court.

If the father wanted to file for visitation or custody would he have to come back to florida to file since the child resides in florida or could he file in his state and I have to go there? He has only lived in his state a little over a month and before that always lived in florida.

Yes. Let him file for some sort of custody/visitation. Until then, if you truly believe he will not return her to you, don't allow her to go.