I live in Maryland. There is no custody order and he and I were never married. His name is on the girls birth certificates. We have had no contact for 3 years with him and he has failed to pay child support which was enstated in 1/2010 outside of $41. I lost my job and have to move and the only place is in Washington state. I want to know if I can leave the state or if I have to find him or file for custody first. There was a restraining order for 18 months which expired 11/09 which gave me sole custody.

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Originally Posted by jerzygyrll

I live in maryland. there is no custody order and he and I were never married. His name is on the girls birth certificates. We have had no contact for 3 years with him and he has failed to pay child support which was enstated in 1/2010 outside of $41. I lost my job and have to move and the only place is in washington state. I want to know if I can leave the state or if I have to find him or file for custody first. There was a restraining order for 18 mos which expired 11/09 which gave me sole custody.

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I don't understand how you obtained a child support order without a custody order. You stated that you had a restraining order which gave you sole custody through 11/09; that would indicate that there is some type of custody order currently in place.

If you're planning on leaving the state, I'd say your safest option would be to petition the court for permission to move.

You say that he has failed to pay child support; if he has a job, they will intercept his tax refund for any past due support.