Can I freely move my child to a different state if I am the custodial parent? 6 Answers as of August 10, 2012

My son is 6 years old and his dad took off when I was 6 months pregnant. We were never married and there is no parenting plan in place. I am the custodial parent and in 6 years they have never had any visitation. Now that we are moving from WA to TX my son's Dad is threatening to not pay child support because he refuses to sign "a change of venue." They have no relationship; can I move or do I need to file something to go? I had no plans of changing "the venue" I get my child support on a DCS card so I was just going to take off. I am married to a man who has been involved since my son was 3 months old and we have 2 other children together, we just can't make ends meet and need to move for work.

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Nwokoye Law Firm
Nwokoye Law Firm | Violet Nwokoye
Read your court order to see if there is any provision of the order that relates to residency restriction. If your court order is silent as to restricting the residence of the child to a particular location, then you can move. Also watch for special provisions that relates to notice of change of address, phone number etc. Be aware that he could file a motion to prevent this and serve you with a citation, at that point you cannot move until the court hears the case. In all I believe you have a good case for a move request.
Answer Applies to: Texas
Replied: 8/10/2012
The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
If there is any kind of custody order in place in Wa specifying that the dad has residential rights to visitation, you must comply with the relocation statute prior to moving, i.e. you have to give him 60 days notice of the intended relocation. Child support has nothing to do with residential rights to visitation so his failure to pay has no impact on whether you can move. You are using an improper term, venue is dealing with moving a case from one court in the state to another court in the state. BY Moving from Wa to Texas, you are asking to change jurisdictions a much, much bigger deal.
Answer Applies to: Washington
Replied: 8/9/2012
Wolfstone, Panchot & Bloch, P.S., Inc.
Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
If you have an order obligating the birth father to pay child support; there is very likely some form of order also making you the "custodial parent". If so, under Washington statute (RCW 26.09.405 et.seq.) you would be required to provide the birth father with a statutory Notice of Intent to Relocate. You should gather the relevant pleadings and court orders and consult with an attorney who practices in the county where the child resides.
Answer Applies to: Washington
Replied: 8/9/2012
Glenn E. Tanner
Glenn E. Tanner | Glenn E. Tanner
You can move without notice unless there is a parenting plan. Do notify the father of the new address of the child.
Answer Applies to: Washington
Replied: 8/9/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
If there are no court orders, then there is no prohibition - the caveat is that Dad can file for some restriction or visitation orders and ask the court to order you back, or if you are served before you leave to make you stay in Texas. If there are court orders, the court orders will either have a geographic restriction you have to obey or no restriction in which case you can move, subject to the same caveat set out above.
Answer Applies to: Texas
Replied: 8/9/2012
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    Absent a court order preventing you from moving, you are free to move. Make sure you advise DCS of your change of address.
    Answer Applies to: Washington
    Replied: 8/9/2012
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