Can I move to a different state and retain child support? 13 Answers as of May 05, 2011

I am a single mother, I got a job offer in a different state in my field, the baby’s father does not have a paternity suit nor a paternity test done, he went voluntarily (with out a court order) to a paternity place to get the test done and told me if I do not go I will get locked up until the results come back. I want to know if I will get locked up or what will happen if I do not show up. I want to take this job opportunity because I need to better my son and my life. Can I still move?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
Unless you have been served with a court order to the contrary, take off. Stay well.
Answer Applies to: Alabama
Replied: 5/5/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
No he can not get you locked up without a court order. Move, make him take you to court.
Answer Applies to: California
Replied: 5/3/2011
Fox Law Firm LLC
Fox Law Firm LLC | Tina Fox
If there is not a court order stating you cannot remove the child out of state you have the right to move the child out of state for the betterment of you and your child's life. If you would like to discuss this in more detail, please feel free to contact our office for a free consultation.
Answer Applies to: Illinois
Replied: 5/3/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
It depends. Is there a court order saying you cannot move? Is there a lawsuit for paternity on file anywhere? If so, does that jurisdiction have standing orders? Depending on these answers, you may be able to move. However, Texas has proper jurisdiction until another state assumes jurisdiction due to residency of the child, therefore if Dad files a suit, even after you leave, you may be forced to litigate here in Texas, and a Court may (this is very much up to the Court's discretion) order the child to be returned to Texas.
Answer Applies to: Texas
Replied: 5/3/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Yes, if there is no current court case pending and he has not yet even been judicially determined to have parental rights, you are free to go where you choose. However, if you leave and he decides to begin court proceedings to get parental rights established, the Colorado court will have what is called "home state" jurisdiction to decide those issues and, in theory, that court could require you to return the child to Colorado (that isn't likely, but it is legally possible on the right facts). If the father waits more than 6 months after you are gone to do anything, your new residence would have become the "home state" and he would have to come there.
Answer Applies to: Colorado
Replied: 5/3/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    If he is paying support by court order then his paternity should already be established. If there are no court orders he will have to establish paternity but you do not state whether you are under a court order to undergo the tests. You must obey any court orders. If he establishes paternity you will have to obtain orders permitting you to relocate.
    Answer Applies to: Connecticut
    Replied: 5/3/2011
    Lori C. Obenauf LLC
    Lori C. Obenauf LLC | Lori C. Obenauf
    Unless you have been legally served with a court order restraining you from moving, you should be able to move.
    Answer Applies to: Georgia
    Replied: 5/3/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    You need some good legal advice. There are several important things that you should talk about with a lawyer, so that you can keep on receiving child support and still move to the new place where you can improve your life. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the first office visit. I know people worry about how expensive a lawyer is, so I am careful to be as inexpensive as I can for my clients. Before you spend a dime, you will know how much this is likely to be.
    Answer Applies to: New Jersey
    Replied: 5/3/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    If there is no proven paternity yet, then, yes, you can likely go to another state. However, you will also likely lose your support. The alternative is to go to Family Court and ask for permission to move to another state and arrange for visitation once you have moved. It would be best to speak to a matrimonial lawyer. Good luck.
    Answer Applies to: New York
    Replied: 5/2/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A court can order paternity testing if a paternity case is commenced. Until that occurs, you cannot be forced to participate in paternity testing. Moreover, until a case is commenced, there is no restriction on relocating out of State.
    Answer Applies to: Minnesota
    Replied: 4/30/2011
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Until there is a court order between unmarried parents that a male is the father, if there is no Declaration Of Paternity signed, that father has no rights until a court of competent Jurisdiction make a LEGAL finding that he is the father. That does not mean he cannot make up untrue facts and present those to a court to obtain an order for custody to him that could cause the child to be taken from you. This is hard to pull off but I have seen it done before. However, there is absolutely no way he can have any authorities "lock you up." You should have competent legal counsel hired and prepared to defend and dismiss any legal action the father may try in your absence. That person should be me. That way you can go in peace.
    Answer Applies to: California
    Replied: 5/2/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You will not get locked up. If he has not filed a motion for genetic testing and a petition to establish a parental relationship, then he has no say in what you do.
    Answer Applies to: California
    Replied: 5/1/2011
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