Can I move out of state with my child if the father has no custody or visitation rights and is ordered to pay child support? 17 Answers as of July 04, 2013

I am leaving state with my daughter and her dad has no custody of any kind and has not set up visitation. Can I get in trouble? He has no rights at all. He is just ordered to pay support. I am losing everything and have no place to go but with family out of state.

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Seattle Divorce Services
Seattle Divorce Services | Michael V. Fancher
Under Washington law if there were a parenting plan in place you would be required to give 60 days notice of intent to relocate and the parenting plan would probably have to be modified. If there is no parenting plan, then you should be able to move without having to take any other action.
Answer Applies to: Washington
Replied: 7/8/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I do not think you will get in trouble unless there is an order preventing the move. A standard order requires you to give notice of the new address and contact information for the child. Stay well.
Answer Applies to: Alabama
Replied: 7/6/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
If you got your support through a Governmental Family Support Agency case, your risk of custody/visitation problems would be far less than if you got your support through a Paternity case. In a Support Agency case, only support is litigated, whereas in a Paternity case, custody, visitation, support and attorney's fees are litigated. If you got your support through a Paternity case, you would best seek to enter a written agreement with the father allowing you to move to the other state, and if he refuses,file an Order to Show Cause seeking Court permission to move away with your daughter. You wouldn't need to do those things if you got your support through a Support Agency case, but dad may thereafter seek parentage rights in a Paternity Case. Before you have lived in the other state for six (6) months, California will remain the child's "home state" for custody litigation. If no custody litigation has been begun in California during that period, after you have lived in the other state for over six (6) months, that state will become the child's "home state", and any custody litigation would thereafter have to take place in that state.
Answer Applies to: California
Replied: 7/6/2011
Vincent J. Bernabei LLC
Vincent J. Bernabei LLC | Vincent J. Bernabei
Yes. You may move without advance notice to him. If there is a court order that requires you to give advance notice to him, you must provide that notice.
Answer Applies to: Oregon
Replied: 7/5/2011
Horizons Law Group, LLC
Horizons Law Group, LLC | Michelle B. Fitzgerald
If there truly is no order for placement times for him, then you should be able to move without any problems.
Answer Applies to: Wisconsin
Replied: 7/5/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If he has visitation rights they may have to be changed.
    Answer Applies to: Connecticut
    Replied: 7/4/2013
    Neville J. Bedford Attorney at Law
    Neville J. Bedford Attorney at Law | Neville J. Bedford
    If you have sole custody, you should be able to make all decisions... including moving.
    Answer Applies to: Rhode Island
    Replied: 7/5/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    If there is no court order specifying where the child is to reside or giving the father some specific schedule or time to spend with the child you should be free to relocate without the father's permission. If the ONLY court order in existence is the one that establishes child support, it is unlike there is any current judicial limit on your decision-making authority. However, if the father chooses to initiate judicial action to obtain some specific parenting time rights, the judge will need to decide based on the best interests of the child and that could result in some requirements to return the child periodically to spend time with the father. Unless and until the father actually begins a court action, however, you should be free to move.
    Answer Applies to: Colorado
    Replied: 7/5/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    If his paternity has been established through an administrative action, such as when you established child support, then no, you cannot just leave the state without either his written consent or prior court approval. If you do, he can force you to bring the child back. However, that said, if he has no contact at all with the child, then it is likely that a judge would permit the move and/or potentially not force you to bring the child back. It would be best to consult with an attorney to assist you with the proper procedures.
    Answer Applies to: Florida
    Replied: 7/5/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    In Louisiana, even if you have "sole custody," the father has some parental rights, including the right to oppose relocation. According to our relocation statute you must file a court proceeding to obtain authorization to leave the state with the child, and the father must be served or otherwise receive due process. If you truly have sole custody and the father has no visitation, the court will more likely than not grant your request. An exception to this rule is if the other parent is the subject of a family violence protective order, in which case the relocation statute does not apply.
    Answer Applies to: Louisiana
    Replied: 7/5/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    You may be able to move out of state. However, you are likely going to have to comply with the terms of the state relocation act, depending upon your exact circumstances. If you have any court orders relating to the child, there is probably a summary of the act in those. You should probably consider consulting an attorney to be sure you have complied with the statute.
    Answer Applies to: Washington
    Replied: 7/5/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Yes - you have a relocation problem, requiring either his consent or permission of the court, before relocating.
    Answer Applies to: Nevada
    Replied: 7/4/2013
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Unless he has legitimated the child, you can go anywhere in the world you want, and he gets no say in that.
    Answer Applies to: Georgia
    Replied: 7/5/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    You did not mention if you were married to the child's father, but *assuming you were not,* you are free to go where you want absent orders of the court to the contrary. If you have ANY court orders allowing visitation or assign any custodial rights to the father, then you need to discuss your options with a local domestic relations attorney.
    Answer Applies to: Ohio
    Replied: 7/5/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    I assume that you are not married to the childs father and that the child has never been legitimized. Based on this information, you should be free to leave the state with your child and live wherever you choose to live.
    Answer Applies to: Georgia
    Replied: 7/5/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    If there is not a court order preventing you from moving, you are free to do so. It is unclear from your question though whether or not the father sees the child? If he does, you should provide him with notice of your move and appropriate contact information.
    Answer Applies to: Washington
    Replied: 7/5/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you are the custodial parent and the father has no custody or visitation rights, you do have the right to move out of state with the child.
    Answer Applies to: Georgia
    Replied: 7/5/2011
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