i want to move out of state with my son and his dad pays child once in a blue moon can i?

Question

my son is 7 years old and he lived with me for seven years his dad was court order to pay child support as of july first 2006 but he only pays once in a while he never really comes a see him only when he feels like with maybe once or twice a month i want to leave the state because i can better myself living in another state plus i can't deal with the threats his dad makes am i aloud to leave the state or do i have to take him to court first i would let him have him all summer but i want him returned to me if i draw papers up saying that will i be able to leave the state

Answer 1

You need to talk to a lawyer, not YA people. You should start writing down the date, time and threats he makes:

Jan 15, 8 p.m.: John phoned and said he was going to take our son motorcycle riding without a helmet.

Jan 15, 9 p.m.: John sent e-mail saying he was going to "make me pay".

Save the phone messages if you can, and any e-mail messages. If you can't save the phone messages, have someone reliable who isn't related to you listen to them before you delete them. You used to be able to put new tape in the machine, but most are digital with limited memory now.

Answer 2

You will need to go to Court and that means you will likely need a lawyer. Whatever you do do not leave without the Court's permission. You can windup in deep legal shyt regardless if bio-dad pays regularly or not. Even if you have sole physical custody you still need the Court's permission to take the child out of state.

Answer 3

You have to get it approved through court. My boys' dad is a dead beat dad. He only sees them about every 4 months. The judge would not allow him to ever have overnights because of what happened in his custody. But, even me, I have to get it approved. He can't stop you from going, but there will need to be different arrangements to your parenting plans now. They may say you have to pay for one of the ways to his house now or something like that. If you go without the paperwork, it could be seen as comtempt of court. It's kind of complicated, if you want to know more, just get a free consultation at a law firm.

Answer 4

I have to agree with Anne . But also one more thing Do you have full physical custody, if so you may not need any permission, but I would still double check with a authoritive person either a lawyer or someone from the court house someone may be able to tell you something.good luck I hope you get to.

Answer 5

If you were married to your son's father, take out your divorce papers and see if there's anything in there about it. Some people make it part of the divorce agreement, like my sister had to get permission from her ex-husband to take their daughter out of state. Your ex might be glad to have you go, if he thinks it will get him off the hook from paying child support, even though it won't really. If you need help with child support, talk to the court office that ordered it and they should be able to withdraw the support directly out of his paycheck, like with my sister's ex. Even after they moved out of state, she still got the checks. (Of course, her ex still got around that by getting fired from his job, the no-good SOB!) If you have the money, you could talk again to your divorce lawyer. Good luck!

Answer 6

Perhaps you can go to family counseling ... your son needs his daddy. Your son will resent you if you take him away from his daddy. I understand it's hard. Think of how much you would benefit by working these problems out now ... many counselor's have a sliding fee and even your church pastor can help.

Answer 7

if the childs father will agree its no problem and you can set up visitation ammicabbly but if he won't agree yes you will have to take him to court and prove that you have another job where your going. I lived in Michigan and went through this myself, it was long and drawn out.

Answer 8

Best bet would be to see a lawyer and see what your options are. you know if he is ordered to pay child support he has to pay it when its due. when you talk to the lawyer see about getting all the back child support you are supposed to get.

Answer 9

You could always just pack up and leave without notice, however your state may require certain things of you. You should ask your case worker for advise. Leaving without his knowledge could jeapordize your custody.