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    mjb62709's Avatar
    mjb62709 Posts: 6, Reputation: 1
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    #1

    Apr 8, 2009, 04:56 PM
    Can I leave the state with my child?
    I have full custody of my 6 year old little girl and I am getting married and moving to another state. I told her dad and he said he was getting a lawyer to file an order to show cause and will be denying rights to remove her from the state. He has not paid child support for 2 years and just got out of prison. He has no rights to her until he has completed some requirements from our divorce decree. He has not done this. I am just wondering if he can do that? I don't want to move and than have to come back for legal rights.
    ncsenf's Avatar
    ncsenf Posts: 1, Reputation: 1
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    #2

    Apr 8, 2009, 04:59 PM

    File the papers before he does and tell the juge what's going on and I bet you will be able to move .my mom did when I was a kid
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #3

    Apr 8, 2009, 05:30 PM

    I don't know what state you are in but in California he most definitely would be able to stop you from moving. Very easily in fact. Not only that, but your move to another state with the child would probably be held up for about a year.

    Knowing what state you are in would help with providing a better answer.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Apr 8, 2009, 06:04 PM

    If there is no court ordered visitation there is a good possibility you will be able to move. But your best bet is to ask the court for permission before he takes action,
    mjb62709's Avatar
    mjb62709 Posts: 6, Reputation: 1
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    #5

    Apr 9, 2009, 02:07 PM

    I live in the State of Utah but am moving to Minnesota. Yes these answered helped me out tons.
    mjb62709's Avatar
    mjb62709 Posts: 6, Reputation: 1
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    #6

    Apr 9, 2009, 02:08 PM
    Do I need a lawyer to ask the court for permission to leave?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Apr 9, 2009, 02:22 PM
    Quote Originally Posted by mjb62709 View Post
    Do I need a lawyer to ask the court for permission to leave?
    I think it's a good idea to have one for something like this because they can help tie up loose ends so its permanent.
    mjb62709's Avatar
    mjb62709 Posts: 6, Reputation: 1
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    #8

    Apr 9, 2009, 02:26 PM
    Visitation Rights?
    My daughter is 6 years old and has not seen her dad in 4 years, he has not paid a cent for child support. He was supposed to start 2 years ago in April but has done nothing. He says he wants to see her and I tell him no. Can I keep her from seeing him if he won't take care of her needs. He only wants to see her when it's convenient for him. I live in the State of Utah and I have talked with some people and they say I don't have to let him see her if he is not paying his child support. He keeps threatening that he is going to bring the sheriff to my house to get her because I can't keep him from seeing his daughter. In our divorce papers it says he can't have time with her until he has taken an adult education class and that he can provide a suitable home for a child. He hasn't done either of those things. I just don't want the cops coming over.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #9

    Apr 9, 2009, 02:33 PM

    Based on your other post you might want to go back to court to reaffirm what you already have. You need to file contempt charges for non payment against him. Are you using a child support agency or is the support separate from an agency for collection ?
    mjb62709's Avatar
    mjb62709 Posts: 6, Reputation: 1
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    #10

    Apr 9, 2009, 02:41 PM

    Yes I am using a child support agency but he is getting paid under the table or something because I don't see a penny of his money.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Apr 9, 2009, 02:43 PM

    I've merged your threads since this is all part of th same issue.

    If there is no visitation and order and a condition imposed on his getting visitation then you have no concerns. If he goes to the police they will ask to see his court ordered visitation. When it can't produce it, they will show him the door.

    On the other hand, you can't prevent him from seeing her JUST because he isn't paying support. But you CAN prevent him from seeing her because the court awarded you full custody with no visitation.

    However, if he fulfills the conditions of the court then applies for visitation it may get it. That's why you should ask the court for permission to move immediately. Show the court that he has not fulfilled the conditions imposed by the court and that your moving is part of providing a better life for your family.
    Justwantfair's Avatar
    Justwantfair Posts: 3,422, Reputation: 944
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    #12

    Apr 9, 2009, 02:46 PM

    Child support and visitation are two very different things.

    You should encourage a relationship between the child and the father especially because he is asking for a relationship. If he is not a threat to the child you should allow him to see his child. Whether he is paying support or not. This will also encourage him to want to take care of his child.
    mjb62709's Avatar
    mjb62709 Posts: 6, Reputation: 1
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    #13

    Apr 9, 2009, 02:48 PM

    He just got out of prison for pulling a gun on his mother for not giving him drugs I do not want my daughter anywhere near him.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #14

    Apr 10, 2009, 01:26 PM
    Quote Originally Posted by mjb62709 View Post
    He just got out of prison for pulling a gun on his mother for not giving him drugs I do not want my daughter anywhere near him.
    The plot thickens.. lol
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