The father and I lived in Idaho. I moved with my daughter to Washington before she was two. She has lived with me her entire life. She is 6 now. Last year the state set up child support he did not respond so he now gets child support taken from his check when he is working. There is no custody order or visitation order. I let him see her when he asks but that happens once a month or less. When I lived in upper Washington for 6 months he saw her one time and only because my family paid for the trip to see them and let him see her for a day. I want to move to Kentucky to go to school and work. Since she has lived with me her whole life can I just move and later get a custody order or do I have to have one before? He has always complained about me moving her away from him but never done anything or even really attempted to see her...

You need to go to Court and get custody ordered.

If you just move you could have legal problems.

... can I just move and later get a custody order or do i have to have one before? ...

Yes, you can. You moved from Idaho to Washington without any problems, right? Similarly, you can move from Washington to Kentucky. Technically, he could file an action for visitation rights, and seek an order that you not move the child, but it doesn't appear that he probably will, from what you say.

Once you are in Kentucky for at least 6 months, if he were to file something he would have to file it in Kentucky.

Normally the state only gives them so long to protest your moving out of state, you did that some time ago. You should be free to move.

A notice or issue, since there is no court ordered custody agreement and if he is on the birth certificate ** assume, He does at this point still have he same legal rights as you do.

- but the father does visit with the child, just not frequently. I see this potential move disturbing that. What am I not seeing? "I let him see her when he asks but that happens once a month or less"

Mere guesswork, but my gut tells me that he doesn't have the wherewithal to go to court. He didn't protest the move to Washington. On the other hand, driving from Boise to Spokane isn't that much farther than driving from Boise to Cour d' Alene.

He only sees her when I already have her in the same place he is visiting my family. If he has to drive to see her or pay to see her he will not make the attempt.. he would rather spend his time with his "friends " drinking. He only is allowed to have my daughter overnight if he stays at his mothers house or over at my family's house . And when I lived in Bellingham for 6 months he made a stink saying I was taking her away but then only saw her the weekend I drove her to visit my family in Idaho. I offered to meet him half way on several occasions and he always either did not have money or "had to work a side job ".. so I am not really concerned that he will take it to court maybe for visitation but there is no way a judge would be okay with him having her for more than a day or two alone.

Here's the deal. If you were still in Idaho, I would say go to court and get custody established. If he had gone to court when you first moved, you would probably have been ordered to return the child. But since he didn't take action then, I don't see him taking action now.

But I agree with AK that you do need to get custody and visitation established in court. Currently, if you let him have the child, he would not be required to return her without you getting a court order.

So establish yourself in KY and then get this firmed up.

Child was born in Idaho in 2006. I and my daughter moved to Washington in 01/2008. Stayed in Washington until 01/2011 moved back to Idaho to help grandmother. Daughter went to kindergarten. Moved back to Washington April 2012 daughter finished kindergarten in Washington.
There is a child support order that was established in 02/2011 due to getting child care assistance from Washington state and the order was granted due to default on his part by not responding. There has never been a custody order or visitation order . He currently works out of town when he does work and lives at his mothers house ( where he gets his mail) in Idaho. When I lived in Idaho he would see my daughter at my apartment or at my grandmothers house. When I moved to Washington he saw her when I or my family would drive to Idaho. He drove one time to see her. I have always told him he can see her at my house or at his moms house ( when we were in Idaho) whenever the chance arose but that I do not trust that he can keep an eye on her to my standards, due to his drinking history ( 2 DUIs one pulled over with two of his other children in the vehicle) he has gone to court ordered alcohol classes and was sober for seven months in 2011 while I lived in Idaho ( I allowed him to see Lilli when ever he was in town ) but when he started drinking again I went back to only at his mothers or at my place visitation.

I am planning on moving to Kentucky by the end of July to start a job and to enroll my daughter in first grade. Is it possible to somehow get a sole custody order and work out visitation later? Or do they both have to be done together ? I know he will fight me on the supervised visitation but I don't feel safe having my only daughter half way across the states under his sole care while his visitation takes place but I know he will not agree to it. But I don't think he will try to fight the sole custody in my favor. For she has lived with me her whole life and he has never had an issue where I live.. I hate to say it but he is kind of "out of site out of mind " with his children. He has 6 living children and one that passed away. Whom none live with him and only the youngest he sees when he is home on weekends from work but that is cause she lives in the same county as his mother ( my daughters grandmother )and is separated from the mother but still married.

What can I do about getting custody order? And in less than thirty days.

Please don't start multiple threads over the same issue. I've merged your threads for you.

You want to file for custody. If HE wants visitation, he has to file for that on his own.

please don't start multiple threads over the same issue. I've merged your threads for you.

You want to file for custody. If he wants visitation, he has to file for that on his own.



All right thank you. And by chance do u know what state I would file custody in?

alright thank you. And by chance do u know what state i would file custody in?

If a support order was filed and the father continues to reside in the jurisdiction of that court, then that court would have jurisdiction. If the father does not reside in that jurisdiction you can file where the child's legal residence is.

If a support order was filed and the father continues to reside in the jurisdiction of that court, then that court would have jurisdiction. If the father does not reside in that jurisdiction you can file where the child's legal residence is.


The support order was filed while I lived in Washington with my daughter and he lived in Idaho. And like I said it was defaulted in my favor due to no response on his part.

OK, then you can file for custody where the child legally resides. As I said earlier I would move to KY and establish residency and file there.

OK, then you can file for custody where the child legally resides. As I said earlier I would move to KY and establish residency and file there.



Thank you so much