I currently live in West Virginia and I want to move to Florida with my two year old son for a job. I have family in Florida ,I recently graduated college and found a good job in Florida. I have physical custody of our son, his father keeps him two nights a week and has done so for the past seven months. He only has visitation rights, I AM THE PARENT, I WORK THE ENTIRE TIME HE KEEPS OUR SON AND HE HARASSES ME FOR THAT! His father lives with his parents,he does not have a job,currently two- thousand dollars behind in child support, and threatens to take me to court if he doesn't get his way constantly because he knows how upset it makes me. I am a very good mother and I only want what is best for my son and I have found a job that makes that dream a reality.

Sorry, he is the FATHER and he is one of the two parents, just two parents who don't live together. Your attitude toward the father needs not to be shown to the child, and esp to the courts

So you want to deny him his rights to visit, what if he wanted to do the same to you, what would you think about that??

But as long as you ask the child's father and get his permission, or go though court and get the court to OK your move, no problem.

If you move without permission, he can file in court to require you to bring the child back to Virginia, and even use it as a reason to attempt to gain custody of his son.

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Originally Posted by wvmom24

his father keeps him two nights a week and has done so for the past seven months. He only has visitation rights,

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As long as a court has awarded him visitation rights you can do nothing that would interfere with those rights without court approval. Otherwise you would be in contempt of court and could be ordered to turn over custody to him.

I know you don't think this fair, but this man is the father and has rights as well. You chose to have sex with this man maybe even choosing to have a child with him. That choice means he will be a part of your life for the rest of your child's life.

So, you must go back to court and obtain permission for this move. If he objects to the move then it will be much harder to get, but not impossible. The courts are charged with looking out for the best interests of the child. So, if you can prove that this move will be better for the child, then may grant permission. But be prepared to make some compromises. You will likely have to change the visitation schedule to give him holiday periods, summer vacations etc. And transporting the child may be at your expense.

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Originally Posted by wvmom24

I currently live in West Virginia and I want to move to Florida with my two year old son for a job. I have family in Florida ,I recently graduated college and found a good job in Florida. I have physical custody of our son, his father keeps him two nights a week and has done so for the past seven months. He only has visitation rights, I AM THE PARENT, I WORK THE ENTIRE TIME HE KEEPS OUR SON AND HE HARASSES ME FOR THAT!! His father lives with his parents,he does not have a job,currently two- thousand dollars behind in child support, and threatens to take me to court if he doesn't get his way constantly because he knows how upset it makes me. I am a very good mother and I only want what is best for my son and I have found a job that makes that dream a reality.

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HE IS ALSO THE PARENT. Sorry for the caps, but your child has two parents. You are one of them.

He threatens to take you to Court? On what grounds?

Was he unemployed, pretty much shiftless, living with his parents when you were having sex with him or did that come after the child was born?

As has been said, go to Court and explain why you want to move.

I have an attorney and I know that I can't leave until I have the courts approval. I want my son to have a relationship with his father but I want to move to give us a better life and I think a job is a valid reason . His father has never even had to buy him groceries because I send them along with everything else and did I mention he owes me thousands in child support.

Thank you for your response , I would be more than willing to do that but does he have a say considering he's so far behind in child support?

I don't want to deny him of anything, Im asking what I need to do ?

Need to do, find that better job locally so the father can continue his visitation. Or arrange very liberal visitation where the child can stay with the father for extended times during the year and pay for the transportation.

What would happen if I got married?

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The fact that he owes child support will have little if any bearing on this. He will have a say as long as he is the father.

If you were to get married, the same problems would occur. If the marriage forced you to move you might have to give up custody.

If you have an attorney, you should be asking him/her these questions. They are more likely to know the mood of your local courts and what you will be allowed.

Yes, agree with Scott it can often depend on the view point of the local judges. But for example in my state, merely not visiting, or not paying support has no bearing what so ever in taking rights or custody away from the bio father.

And in fact many courts are looking more and more at giving more rights to fathers. In some cases, where the wife has really went after the ex hard for child support, taking him back to court all the time, they sometimes are more willing to sign rights over

Now I'm confused. You have an Attorney but you are here asking for advice?

Are you doublechecking your Attorney's advice? He/she didn't explain the process?