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lil mama 83 · Jul 10, 2011, 11:30 AM

My daughter's father has been in and out of trouble, and on/off heroin for the past 6 yrs. He doesn't pay child support and is not court ordered to do so. He gets supervised visits with her because of his drug use and a few weeks ago, he stated that he is bad off on drugs and was going to rehab. A week later he leaves the rehab and we haven't heard from him. He apparently doesn't want any responsibility. I am wanting to move out of state, from NC to Florida for college. There is no custody arrangements made and since he rarely sees her anyway, can I move without any consequences? Keep in mind, that I have family in NC and will be visiting once a month.

Fr_Chuck · Jul 10, 2011, 11:57 AM

Since it is unlikely that he will file in court to force you to move back, most likely OK, but why is there no custody order or child support orders

lil mama 83 · Jul 10, 2011, 12:25 PM

Right now, child support is in process through the courts, just waiting for a court date. The custody order hasn't been set up because I don't have the funds to get a lawyer right now due to being a full time student and working to provide for us. We had a good visitiation schedule going and then he got back on drugs.

Fr_Chuck · Jul 10, 2011, 12:47 PM

But there was not a visitation though the courts I will assume, so there was no visitation schedule official unless it is court approved

ScottGem · Jul 10, 2011, 01:56 PM

Originally Posted by lil mama 83

He gets supervised visits with her because of his drug use

This indicates court ordered visitation. Since that exists, you need court approval to move.

kcomissiong · Jul 11, 2011, 06:44 AM

I saw that and thought the same thing.

AK lawyer · Jul 11, 2011, 07:05 AM

Originally Posted by ScottGem

This indicates court ordered visitation. Since that exists, you need court approval to move.

What OP is telling us is very ambiguous. I can only guess, but my guess would be that the "supervised visits with her because of his drug use" pertains to either an informal, OP-imposed arrangement, or a condition of probation. I don't believe court-ordered supervised visitation, in the father's criminal case, gives him any rights he can enforce against the mother. If there is no custody/visitiation order, in a domestic relations case, I think OP is free to take the child to Florida with her.

ScottGem · Jul 11, 2011, 08:45 AM

Originally Posted by AK lawyer

What OP is telling us is very ambiguous.

In other words, we need the OP to return and clarify what court orders are in force or pending.

lil mama 83 · Jul 11, 2011, 01:26 PM

No, there is no court ordered visitation. He sees her when he wants to which is very rare and I don't leave her with him because of his drug use and falling asleep all the time or in other words nodding out. He usually sees her with his mom or I hang around.

There are no court orders in force or pending.

ScottGem · Jul 11, 2011, 03:18 PM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

OK so no court orders, then nothing legally barring you from moving.