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Single mom wants to leave state with daughter...
I am a single mother with a 4yr old daughter. Her father and I have been separated for about 2 1/2 years now. NEVER MARIED. We had gone through child support and custody battles before but just ended up on agree on a set amout of money & visitation verbally upon ourselves. I have had NO LUCK with finding work in California and want to move to Missouri. I can I be prevented by him in some way from trying to start a new life for my daughter and myself? I know that he DOES NOT have proof of providing for my daughter since we dropped child support and the court. What am I up against? Please tell me in plain english cause I don't really understand all the legal court laws and terms.
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Are you sure the court order is no longer in effect? If it is still in effect, and it spells out terms about moving away with the child, then you can't go without the court saying so (not just his word). Just 'dropping' it doesn't mean it's really dropped. If you leave anyway, he can fight you from afar. Can you find the papers, or get a copy, and answer back?
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If there has never been a court ordered parenting time arrangement, I believe you can likely move. You should talk to an attorney in your jurisdiction before doing so. He can certainly file with the courts to sue for parenting time and to stop you from moving. If he doesn't, after a certain period (I believe 6 months) you will establish residency with your child in the new location and it will be more difficult for him to try to make you move back. If there is a court-ordered agreement, even if you haven't been following it, you either need the father's permission to move or the court's permission to move out of state with the child.
The best case scenario would be if he simply agrees with you moving with the child. If he's not supporting the child, he should likely be supportive of your efforts to do so. |
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If he has been an active part of your child's life with regular visitation, then its likely he can block your move or force you to return the child. It doesn't matter whether the visitation is court ordered or not. All he needs to do is go to court, show he has been an active parent and show that your move will prevent him from continuing.
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