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    soon2beddc's Avatar
    soon2beddc Posts: 2, Reputation: 1
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    #1

    Feb 2, 2009, 08:53 AM
    Moving out of state sharing custody with a dead beat dad?
    I am the single, young mother of a beautiful 14 month old who has her father's last name but I was never married to him. He doesn't pay child support or a even a dime and only sees her a couple a times a month. I pay for day care, I pay for diapers, I pay for food and milk, clothes, wipes, toys, etc; everything 100%. Within the next year I am planning to move to Florida with my serious boyfriend (I live in Texas now). Can I just take her out of state like that or would I have to obtain sole custody? :confused:
    If ANYONE can help me I would very much appreciate it!
    cjonline's Avatar
    cjonline Posts: 217, Reputation: 19
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    #2

    Feb 2, 2009, 09:06 AM

    Do you have a custody agreement? Has anything been filed in court? Does he visit with the child?

    If he visits with the child, even without a custody order, he can go and file after you leave (or before to stop you from leaving). It's not a good idea to just up and leave, it can cause lots of legal problems.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #3

    Feb 2, 2009, 09:08 AM

    If there is currently no court order, you CAN move, but you may be compelled to move back if he files for custody/visitation/paternity before you establish residence in a new area (typically 6 months).
    soon2beddc's Avatar
    soon2beddc Posts: 2, Reputation: 1
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    #4

    Feb 2, 2009, 01:01 PM

    So is there a way to can make it legal to move out of state with her? I do let him see her (probably more than I should) but again he doesn't pay one thing for her.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Feb 2, 2009, 01:21 PM

    You didn't answer Steve's question. If there is no court ordered visitation agreement and he does not have court ordered partial custody of the child, then you are free to move. If he gets wind of the move and wants to stop it, he can try by filing in court for custody and visitation. If he does that you counter file for support.
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #6

    Feb 2, 2009, 01:24 PM
    Quote Originally Posted by soon2beddc View Post
    So is there a way to can make it legal to move out of state with her? I do let him see her (probably more than I should) but again he doesn't pay one thing for her.
    Support and visitation are different issues.

    You can make it legal by getting his permission and having it ratified in court.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Feb 2, 2009, 02:52 PM
    Quote Originally Posted by soon2beddc View Post
    So is there a way to can make it legal to move out of state with her? I do let him see her (probably more than I should) but again he doesn't pay one thing for her.
    It seems there is no court order for anything ? Is he behind according to the court order in child support ? If not then he's not a deadbeat. If you think he's seeing her more then he should ( he's her dad ) then wait till you go to court and let the judge tell you that he has full custody. If you don't like the sounds of that then start being proactive and go to court and get the orders that are needed. Just because you have a new boyfriend doesn't give you the right to strip a child from their father. You will need a better excuse for a move away.
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