[Karadise]

My son will be 2 years old this month. His father and I were never married. We went to a mediation at the district attorneys office to establish visitation and child support. I have sole custody of my son and he has visitation if hrs that he rarely uses (maybe once a month) he hardly asks about his son or shows an interest. I am wanting to move out of state with my son. Can I do this? What steps do I need to take to do this legally?

[JudyKayTee]

You go to Court, ask that the Order/agreement be modified, give reasons for moving and ask for permission.

[Karadise]

Even if our agreement states that I have the right to decide where our child resides?

[cdad]

Even if our agreement states that I have the right to decide where our child resides?

Yes even then. You can't on your own force him to have higher expenses in seeing the child by moving out of state. You have to go back and change it. That way he may get a block of time instead of the little pieces he is getting now. Also vacations and holidays need to be decided.

[ScottGem]

Even if our agreement states that I have the right to decide where our child resides?

What, exactly. Does the agreement say? If the agreement provides for visitation, then you can't just move if that would affect his ability to use the visitation.

[Karadise]

The first page of our agreement tells what the initial periods of possession are- this states that he has to have supervised visits for 20 times on certain days.. before he even gets him on his own (which would then be 20 unsupervised, then 20 overnight, then every other weekend) he never has done these. Basically he just comes by maybe once a month or sees him when his mom is watching him. The rest of the paperwork says that I have the right to decide the residence of the child without regard to geographic location. It then gives a possession and access order for parents who live 100 miles or less apart, and also a possession and access order for parents who live 100 miles or more apart. It has laid out the days and holidays that he will get with our son for both circumstances (living in Texas, living out of state)

[cdad]

From the sounds of what you have written the original areement was extended to beyond the 100 mile limit and the orders already exist. Also since it shows holidays etc then you do realize they will be unsupervised visits correct? Unless otherwise stated. Who was watching him do the supervised visits?

[Karadise]

Yes I realize they will be unsupervised. I am not trying to keep my son from his dad or dads family at all. I just want to make sure I am doing everything legally. Thanks for the responses!

[Fr_Chuck]

My only concern is that it does not talk about out of state, just over 100 miles, If I was the father I could contest that the order did not talk about 1000 miles ( or what ever that state is away) Many orders may talk about moves within a state or regional area, Without see the actual order, if it is not clear, then it can be argued both ways

[JudyKayTee]

The first page of our agreement tells what the initial periods of possession are- this states that he has to have supervised visits for 20 times on certain days..before he even gets him on his own (which would then be 20 unsupervised, then 20 overnight, then every other weekend) he never has done these. Basically he just comes by maybe once a month or sees him when his mom is watching him. The rest of the paperwork says that I have the right to decide the residence of the child without regard to geographic location. It then gives a possession and access order for parents who live 100 miles or less apart, and also a possession and access order for parents who live 100 miles or more apart. It has layed out the days and holidays that he will get with our son for both circumstances (living in texas, living out of state)

This is why posting all of the info right up front is helpful.