I'm moving to another state with my daughter. I have sole Physical legal custody of her. Her father has made no attempt to pay support or see her or even call to see how she's doing in about 3 years. The court has already given me permission to move with my daughter. I cant find in my final divorce decree any where that says that I have to notify him of the move. My question is.... Am I required to notify him of the move? and if so do I have to do it with in a specific time period? Please don't criticize me or throw up the "fathers have rights" crap in my face, I have made every attempt to talk to him about our daughter and all he seems to talk about is how he cant afford the support ( the whole $90 a week that it is ) because he's also paying support for 2 other children. Like I have said he has made ZERO attempt to inquire about the general well being of our child. He never wants to talk to her and has recently changed his address, phone # and e-mail address.
Thank you
2007-03-18 20:12:22 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I have chosen to forgo child support because of the distance of the move, and the lack of payment. The judge and child support office have agreed to the conditions purposed.
2007-03-18 20:43:23 · update #1
First of all, go to the courthouse and get a copy of your divorce. No court can stop you from moving, but there may be a restriction on moving WITH your daughter. In any case, if the divorce says notify him, then follow the court order to notify him, if it is in your divorce. If the divorce does not specify how or when, I would send a written notice by certified mail at least a few weeks before the move. Then, you are covered. If the wording of the divorce says otherwise--follow it exactly. And, if I were you, when you move, sign up for services at the local child support office to collect the back support. He owes it to your daughter, and even if you get partial payments, it's a little bit more to be able to spend on your daughter. It's not about him and it gives no more or less rights just because he pays. Lots of people think if he doesn't pay support, he can't visit or exercise his parental rights and that is not true. Let him pay what he owes.
2007-03-25 08:13:35 · answer #1 · answered by rose_50613 2 · 0⤊ 0⤋
You should check with the local district attorney's office for enforcement of the child support order. It's your daughters money for her support, so the DA's office usually has ways of enforcing the order (withholding paychecks, tax returns and drivers license denial). I do believe that you have to file a notice with the court that you are moving out of state and since you have the court permission that should be no problem.
Of course, every individual case is different and you may not be stating all of the facts in this case......
Good luck
2007-03-19 03:27:22 · answer #2 · answered by therazorsx 3 · 3⤊ 0⤋
You will need to check with your local state laws, but many jurisdictions have statutory notification provision for relocation. The mother must provide the required notice and allow the father opportunity to file a Motion in Opposition to Relocation and/or a Motion to Modify the custody and/or visitation. If the move would still allow the same amount of visitation he could just file to modify the transportation provision. His history demonstrates that he will not seek any change, but you can rest assured you have done everything legally required of you.
Send a copy of your new address to the child support office. Many offices require a copy of a driver's license of some sort of verification to change the address. In addition , the request must be in writing.
Also consider filing your decree with the new jurisdiction. Consult a legal professional in the new area to determine the pros and cons of having your decree accepted in the new jurisdiction.
2007-03-19 03:35:05 · answer #3 · answered by Anonymous · 2⤊ 2⤋
He has abandoned the child. Your proof is no contact for three years. How can you notify him if he changes his address, phone, and even e-mail? If you really want to be "legal", you can post a notice in your local news paper under the legal ads. I'd just go. If he wants to make a stink, he'll have to come to your new state to do so. You have full custody, you get to make the decisions. Enjoy your new home.
2007-03-19 04:16:13 · answer #4 · answered by Anonymous · 3⤊ 1⤋
If he changed his address etc. then you cannot contact him. When you move he can say that he cannot pay child support because he is unable to contact you. But that is no different from the present situation.
Make your decision.
2007-03-19 03:25:41 · answer #5 · answered by springday 4 · 0⤊ 2⤋
The blogbaba's opinion is that you owe him the same "zero" he appears to be extending to you and his daughter.
2007-03-19 03:16:23 · answer #6 · answered by blogbaba 6 · 4⤊ 1⤋
Move and forget about him. He forgot about your daughter.
2007-03-19 03:26:22 · answer #7 · answered by Ironball 7 · 3⤊ 1⤋
Umm... mabye you should, but in about 4 days before you go because it gives him time to mabye pay something.
2007-03-19 03:17:45 · answer #8 · answered by Princess Julin 1 · 1⤊ 3⤋
by law you must inform him.
contact your lawyer for any advise and letters to him.
2007-03-19 03:21:09 · answer #9 · answered by Denise W 6 · 1⤊ 2⤋
no u dont he has no right's or say so
2007-03-19 15:46:03 · answer #10 · answered by XoAngieXo 3 · 1⤊ 0⤋