If I move out of Texas with my child will I get in trouble for it, the father and I have a verbal child support agreement although he does not pay. No legal action has been made inforcing who is the custodial parent and we had our son out of wedlock. I plan on moving in the next few months if I go without telling him can I go to the child support division there to make sure he can't file kidnapping charges?

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Originally Posted by aarobles

... if i go without telling him can i go to the child support division there to make sure he can't file kidnapping charges?

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The Child Support Division has nothing to do with custody issues.

Absent any court orders on custody and visitation, you can move. If there are no court orders on support, you can wait until you establish residency and apply for support where you moved to.

However, if he goes to court and files for custody you may be forced to return the child. You will not be guilty of kidnapping unless you actually hide the child from him. As long as you tell him where you moved and allow him contact, there is no kidnapping.

You have no child support agreement, there can not be a "verbal" agreement. Any agreement to be legally binding has to be though the courts.

Child support enforcement has nothing to do with custody. You may move, but he can file for custody as soon as you move and ask the courts to order the child back to Texas.