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-   -   Moving out of state (https://www.askmehelpdesk.com/showthread.php?t=343504)

  • Apr 19, 2009, 03:49 PM
    crb28
    Moving out of state
    I have a child from a previous relationship with no custody agreement and the father is not on the birth certificate. My husband is in the military and we will be relocating with the military. Does the father of my child have any say so if I move out of state?
  • Apr 19, 2009, 03:57 PM
    Fr_Chuck

    At this point no, has he even proved paternity though DNA. Why is there not a custody agreement with child support being paid.

    1. is the bio father doing any type of visits.

    The bio father could file to stop you if he wanted to, but he will have to fight the entire custody, visit issues.
  • Apr 19, 2009, 04:07 PM
    crb28

    We live in TN. There has been no DNA test. My daughter sees him maybe twice a month for about 6-8 hours a day. I have not took him to court for custody or child support.
  • Apr 19, 2009, 04:38 PM
    cadillac59
    Quote:

    Originally Posted by crb28 View Post
    We live in TN. There has been no DNA test. My daughter sees him maybe twice a month for about 6-8 hours a day. I have not took him to court for custody or child support.

    He could make an issue of it and block the move, at least for a while, if he wanted to.
  • Apr 19, 2009, 06:58 PM
    sharikiser
    Here is WA most parenting plans specifically say you have to provide a certain type of notice to the other parent prior to moving, as well as how and time frame you are required to do it, this of course is usually encompassed somewhere in a parenting plan if either parent senses that one will move out of town do to spite or in your case military etc. This also is a way to make the parents share in the expense of air travel and/or the visitation would not be able to be the typical every other weekend and more like 3 weeks in the summer etc. You don't have a court order (parenting plan) so you are not breaking any laws etc. HOWEVER... why don't you have one? What about child support etc? If the father wanted to take this to court he could, and you may have to come back to the state the proceedings he brings to table are or where the child was born etc... could be very expensive. But if he agrees he is the dad, and he is dodging support, or perhaps "deciding" what he can do financially etc, he may be fine with your move? But what about the child... do you want them to have a consistent relationship... My parenting plan is pretty extensive here in WA, went through 2 guardian ad litems because my divorce was a MESS... it's been 6 yrs ago now and finally my ex and I can co-parent. :) My thought is Parenting plans protect the child, and the parents, it's hard to play the game if there aren't any rules!
  • Apr 19, 2009, 07:04 PM
    ScottGem
    Quote:

    Originally Posted by crb28 View Post
    We live in TN. There has been no DNA test. My daughter sees him maybe twice a month for about 6-8 hours a day. I have not took him to court for custody or child support.

    Because you have been allowing him visits, if he takes you to court he might be able to block the move or at least delay it.

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