Can I move out of state with my child?

Question

I recently got married, and pregnant several months later and my husband is in the service. My first childs father has proved paternity several years ago, but has not been in contact with us since november of 2005. He was ordered to pay child support but does not. I do not, nor does child support enforcement have any contact information on my childs biological father. I current live in wisconsin and we are trying to get on base housing in north carolina where he is stationed. Can i move out of state with my child without informing her biological father first?


Please Informed answers only.

I do not have any way of contacting the childs father. I do not know where he lives, his telephone number, where his family lives ect... He is not listed either

The child's father and I were never married...he was granted "supervised" visitation rights one day a week 5 years ago, and has not coinsided with the court appointed visitations since then.

Answer 1

.I found a website that will help you
In general, if a custodial parent has a reasonable reason to relocate out of state, then the parent can move away with the child; a reasonable reason means finding a new job or starting a new life in a different place. However, in a handful of states, the custodial parent has to prove that relocating is in the child’s best interest. In determining whether relocating is ideal, court will consider these factors: 1) the advantages for the child of the relocation; 2) the motives of the parent seeking to move; 3) the motives of the opposing parent; 4) the relationship between the child and the non-custodial parent; and 5) whether visitation can be restructured to allow for meaningful contact for the non-custodial parent. The better reasons for relocating include: finding a better job, being closer to relatives, or moving with a new spouse.

Answer 2

I would present that question to the court that granted the separation or divorce.

I would see no reason why you couldn't move as long as a reasonable effort was made to contact the biological father. But you really need legal advice, and the laws vary from one state to another.

A lot depends also on his status as the noncustodial parent. Has he been granted visitation rights? That could be a factor.

Make sure you check it out thoroughly as you could wind up in violation of federal laws if your move were interpreted as kidnapping. You really don't want that.

If there are any family members of the biological father you might try contacting them.

Answer 3

Out-of-State Moves with the Child
The right of a parent to move out of state with the child is another area of law on which states are divided. Most states automatically would allow the custodial parent to move wherever he or she wanted with the child.

In recent years, some states have placed restrictions on the right of the custodial parent to move with the child. These states have a strong policy in favor of preserving continuity in the relationship between the child and noncustodial parent, and courts in these states are reluctant to allow the custodial parent to move with the child over the objection of the noncustodial parent unless there is a very good reason for the move.

In these states, the law may say a child cannot be moved without permission of the other parent or permission of the court. A parent who seeks to move with the child may be required to give notice (such as sixty days) before a proposed moving date.

Several state legislatures are considering new standards for determining when a parent can move out of state with the child. Regardless of the law in a particular state, there are several factors that courts consider when deciding whether to allow a move with the child:

Custodial parent's reason for the move. If the parent who seeks to move with the child has a good faith reason for the move, that is a positive factor in favor of the move. Good faith reasons include: obtaining a better job, joining a new spouse, and moving to be near extended family. If a job change is the basis for the move, the plan for a new job should be specific, not just a general hope of finding new employment.

The main bad faith reason for moving is to deprive the noncustodial parent of contact with the child. If the court believes the main reason for the move is to diminish contact between the child and the noncustodial parent, the court is not likely to allow the move. Noncustodial parent's reason for opposing the move. If the noncustodial parent has a good reason for opposing the move, that is a factor in favor of denying permission for the move.

The main good reason for opposing relocation is the child's close relationship with the noncustodial parent and the disruption of frequent contact between the child and noncustodial parent that would result from the move. If the noncustodial parent is not close to the child or has not regularly exercised visitation, the court is more likely to allow the move.

Advantages to the child from the move. If it can be shown the child will benefit from the move, that, of course, is a factor in favor of the move. If, for example, the child will go to a better school or be in a climate that is better for the child's health, those factors will support the request for move. The parent asserting that the child will benefit from relocation should be ready with specific evidence, such as witnesses knowledgeable about the difference in school systems or medical testimony regarding the child's health.

The degree to which visitation can be restructured to preserve the relationship between the child and the noncustodial parent. If the court believes that reasonable restructuring of visitation can preserve and promote a good relationship between the child and the noncustodial parent, that is a factor in favor of allowing the move. Restructuring of visitation usually involves scheduling more visitation in the summer and over other holiday breaks.

In some cases, the noncustodial parent and child may actually spend more time together each year under the restructured schedule than under the original schedule, although the restructured schedule will have less frequent periods of visitation. If the court believes that frequency of contact is more important than large blocks of time, then the move is less likely. If the parents cannot afford visits over a long distance, the court also is less likely to allow relocation. If visitation is affordable, the court might reduce child support to facilitate visits, or the court might assess the cost of travel on the parent who seeks to move.

If the parents have joint physical custody with the child spending a substantial amount of time with both parents, a court may treat the request to move like an original custody determination. The court will try to decide which parent will best meet the child's needs. The court will consider the above factors, along with other factors usually considered in custody cases, including the child's attachment to the current home, school, and community.

Answer 4

My understanding is there has to be a 7 yr laps before you can legally have her adopted by another man.. HOWEVER... if he is not available or has made himself unavailabe... you SHOULD be able to place a personal ad in the newspaper.. stating your name.. the mother of minor child, her name, minor daughter of HIS name... will be moving to state ..when.. his name should contact you via writing at

Most attorneys have a free consultation.. give a good local one a call and double check with them.. laws in your area may be different.... and more may have to be done to insure his parently right's are not infringed upon...

Good luck.... I hope it all works out for you!

Answer 5

I feel you should first search the problem at the legal search engine

www.LawSolver.com

Using LawSolver, people can search any legal-related issue and instantaneously receive free lawyer answers. Free attorney answers to similar questions:
(1) "what do i need to do to move out of state whith my child"
(2) "Child Custody - can I move across the state?"
(3) "Can I move out of state with my child after my divorce is over?"
(4) "Can I move out of state with my child? - Avvo"
(5) "What do I have to do in order to move out of state with my child?"

Also, resources & articles:
(1) "How to Move a Custody Hearing to Another State | LegalZoom: Legal Info"
(2) "How to Move Your LLC to Another State | Nolo"
(3) "Does Child Support Go to the Children After They Move Out? | LegalZoom: Legal Info"

Answer 6

I dont know how best to help you, but this should get you the info that you need.
Theres alot of ways you can go about this, but the legal way is always best. That way hopefully nothing comes back to bite you in the bum years down the road.
I hope all of this helps and I wish you luck.
One more peice of advice, as an ex military wife.
Becareful on base.
Whatever you do or dont do will affect your husband. If you screw up, its him that gets a butt chewin not you. Drive right and play smart.
Good Luck


Child Custody & Visitation
Internal AddressChild Custody and Placement is scrutinized by the Court whenever spouses petition the Court for a divorce whom have a child or children. Paramount to the Court's consideration, as well as child protection agencies, is the welfare of the child, or children, which takes into consideration all aspects of the child's life, means and amount of support, living environment and stability, familiarization, family ties, and previous lifestyle before the petition was made.

When a petition is made upon the Court for dissolution of marriage, the Court typically enters a temporary Child Custody and Placement order, a temporary child support award, temporary assignment of debt responsibilities, temporary assignment of residency in the family home, if applicable, and an order preventing the parties from disposing of assets.

The temporary court order customarily defines the temporary Legal Custody and the Physical Placement for the child or children. Legal Custody confers upon one or both parents the legal right and obligation to make major decisions regarding the child or children. Physical placement confers upon one or both parents the time and nature of their child or children's physical residence with that parent.

Legal custody and physical placement may be joint or sole, based on the best interests of the child. Joint custody may be granted only if the parties agree. The court may not modify the initial custody decree for two years unless it is shown that current custodial conditions are physically or emotionally harmful to the child's best interests, or the custodial arrangement is "impractical." The two-year bar does not apply to relocation cases or where the parties agree to modify the original orders.

Divorce is a matter that adults tend to forget in time, but rarely a matter that children forget for a lifetime. Wisconsin law, as well as most states whom have adopted the uniform child custody and support laws, should seek to maintain for the child or children that which is in their best welfare through the least amount of change and the closest ties with family.

Whereas many states have adopted no-fault divorce, rarely would one find that child custody and placement issues are handled in the same no-fault manner, but that is not to say that a parent does not have to stand up and be heard.

If you are considering divorce and you have a child or children, it is highly recommended that you seek legal advice. Whether you meet with Jerome, Brad, or Jessica, your first consultation is free.

Don't trust your and your child’s future relationships to just anyone.
Contact us for your free initial consultation:

715-359-3188 or
800-662-5432

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http://family.findlaw.com/child-custody/custody-problems/custody-out-of-state.html - Out-of-State Moves with the Child
The right of a parent to move out of state with the child is another area of law on which states are divided. In times past, most states automatically would allow the custodial parent to move wherever he or she wanted with the child.

In recent years, some states have placed restrictions on the right of the custodial parent to move with the child. These states have a strong policy in favor of preserving continuity in the relationship between the child and noncustodial parent, and courts in these states are reluctant to allow the custodial parent to move with the child over the objection of the noncustodial parent unless there is a very good reason for the move.

In these states, the law may say a child cannot be moved without permission of the other parent or permission of the court. A parent who seeks to move with the child may be required to give notice (such as sixty days) before a proposed moving date.

The law in this area is shifting. Several state legislatures are considering new standards for determining when a parent can move out of state with the child. Regardless of the law in a particular state, there are several factors that courts consider when deciding whether to allow a move with the child:

Custodial parent's reason for the move. If the parent who seeks to move with the child has a good faith reason for the move, that is a positive factor in favor of the move. Good faith reasons include: obtaining a better job, joining a new spouse, and moving to be near extended family. If a job change is the basis for the move, the plan for a new job should be specific, not just a general hope of finding new employment. The main bad faith reason for moving is to deprive the noncustodial parent of contact with the child. If the court believes the main reason for the move is to diminish contact between the child and the noncustodial parent, the court is not likely to allow the move.
Noncustodial parent's reason for opposing the move. If the noncustodial parent has a good reason for opposing the move, that is a factor in favor of denying permission for the move. The main good reason for opposing relocation is the child's close relationship with the noncustodial parent and the disruption of frequent contact between the child and noncustodial parent that would result from the move. If the noncustodial parent is not close to the child or has not regularly exercised visitation, the court is more likely to allow the move.
Out-of-State Moves with the Child
Advantages to the child from the move. If it can be shown the child will benefit from the move, that, of course, is a factor in favor of the move. If, for example, the child will go to a better school or be in a climate that is better for the child's health, those factors will support the request for move. The parent asserting that the child will benefit from relocation should be ready with specific evidence, such as witnesses knowledgeable about the difference in school systems or medical testimony regarding the child's health.
The degree to which visitation can be restructured to preserve the relationship between the child and the noncustodial parent. If the court believes that reasonable restructuring of visitation can preserve and promote a good relationship between the child and the noncustodial parent, that is a factor in favor of allowing the move. Restructuring of visitation usually involves scheduling more visitation in the summer and over other holiday breaks. In some cases, the noncustodial parent and child may actually spend more time together each year under the restructured schedule than under the original schedule, although the restructured schedule will have less frequent periods of visitation. If the court believes that frequency of contact is more important than large blocks of time, then the move is less likely. If the parents cannot afford visits over a long distance, the court also is less likely to allow relocation. If visitation is affordable, the court might reduce child support to facilitate visits, or the court might assess the cost of travel on the parent who seeks to move.
If the parents have joint physical custody with the child spending a substantial amount of time with both parents, a court may treat the request to move like an original custody determination. The court will try to decide which parent will best meet the child's needs. The court will consider the above factors, along with other factors usually considered in custody cases, including the child's attachment to the current home, school, and community.

http://www.dwd.state.wi.us/bcs/parent-cp.htm - Wisconsin's Child Support Program
Are you a parent with children to support? Do you need help getting child support?

The Wisconsin Child Support Program can help you by:

finding a missing parent
establishing legal fatherhood
asking the court to order child support and medical support
enforcing child support and medical support orders
contacting the paying parent’s employer and setting up income withholding
collecting child support from a parent living in another state
reviewing an order for possible increase or decrease
providing payment information on your child support case at
Child Support Online Services (detailed payment and balance information, updated each night except Sunday) or
The KIDS Information Line (amounts of last two payments)
[phone] Metro Milwaukee area
[phone] outside the Metro Milwaukee area
[phone] TDD
providing copies of your account histories
providing interpreters and translations of child support information at no cost
providing privacy protection if the release of your address, telephone number, employer or other location information would put you at risk
Download a Privacy Request Form (Requires Adobe(r) Acrobat Reader)
providing direct deposit of your child support payments into your savings or checking account. Download a Direct Deposit Form (Requires Adobe(r) Acrobat Reader)
Click here for information about the Wisconsin Child Support Program

Enforcement Actions
If reconciliation shows a past-due support amount
Interest charges on past-due amounts
Tax Refunds may be intercepted
Other ways past-due support collected
Interest charges on past-due amounts
Wisconsin law requires a simple interest charge (1.0% per month/12% per year) on the past-due support even if you are making payments on the past-due support. Interest is charged when the amount of past-due support equals the amount due in a month. For example -- if your support order is for $200/month for current support and $100/month for past-due support, interest is charged on past-due support amounts of $300 or more.

The Tax Intercept Program
Other ways past-due support collected
Recent federal and state laws now give child support agencies the option of pursuing "administrative enforcement." Administrative enforcement allows the child support agency to take action without going to court. These new tools are based on what is known as a child support lien. (For more information, see Administrative Rule 43.)

What is a child support lien?

A child support lien is a hold placed on property (land, cars) until past-due child support is paid. These liens may now be placed without a court hearing. Child support liens must be paid (satisfied) when property is sold. Failure to pay a child support lien can delay or prevent the sale of property.

A lien will automatically be entered into the Child Support Lien Docket when past-due support equals a certain amount. In September 2004, that amount was $1,250.

What is the Child Support Lien Docket?

The Child Support Lien Docket is an electronic list of payers with a child support lien in Wisconsin. This list includes the names of the payers owing past-due support and the amounts of the liens.

The Child Support Lien Docket is maintained by the Department of Workforce Development. It can be viewed in local register of deeds offices.

How do I find out if my name is on the Child Support Lien Docket?

If your name is placed on the Child Support Lien Docket, you will be sent a Notice of Lien and Credit Bureau Reporting. The notice will tell you the amount of the lien and the date that it was placed on the docket.

This notice also describes your rights and the procedures for disputing the lien amount.

What happens when my name is placed on the Child Support Lien Docket?

Placement on the Child Support Lien Docket is a first step to collect past-due support.

Once your name is placed on the Child Support Lien Docket, a lien will be placed on your real property (e.g., home) and on titled property (e.g., your car). Also, your child support agencies can:

Locate financial accounts you may have with financial institutions (such as banks and credit unions) in Wisconsin and other states
Report your lien amount to credit bureaus. This could affect your ability to qualify for loans
Locate any licenses – drivers, professional, occupational, or recreational – you may have
Request the denial of grants and loans issued by state agencies, such as student loans, higher education grants, and mortgage loans from the Wisconsin Housing and Economic Development Authority (WHEDA)
Intercept lump-sum pension payments from public retirement funds, such as the Department of Employee Trust Funds
Intercept judgments or settlements, for example, car accident settlements
What other actions can be taken to enforce a child support lien?

If you do not pay the lien in full or enter into a payment plan, a child support agency may take the following actions.

Request the suspension or denial of licenses – professional, occupational, drivers, and recreational licenses (for example, hunting and fishing licenses) when a child support lien equals or is more than three months’ worth of support
Seize bank accounts including checking, savings, IRAs, and mutual funds when a child support lien equals or is more than $1,000 or three months’ worth of support, whichever is greater
Seize real property (land) and titled personal property (cars) when a child support lien equals or is more than six months’ worth of support
Request the denial of passports by the U.S. Department of State when a child support lien is more than $5,000
You will receive written notice when any action is taken to enforce a lien. When these types of enforcement actions are planned (license, passport and food stamp denial, seizure of accounts and property), you will be notified. You will also be told of your rights to a hearing. The purpose of the hearing is to decide whether your child support debt is correct. The hearing is not about the type of action. This notice will also tell you that the action can be avoided if you agree to and follow a payment plan. To set up a payment plan, contact your child support agency.

What if I don’t think I owe back child support?

You have the right to request payment records from the child support agency. After receiving the records, you may compare them with your own records to determine if the past-due support amount is accurate
If you feel there is an error, contact the child support agency to discuss the possible reasons for the discrepancy. You must provide evidence for your belief that the amount is in error
The child support agency will review your case to determine if there is an error
If you do not agree with the child support agency’s decision, you may request a court review
How can enforcement actions be prevented?

Pay past-due support in full. One way you could do this is by taking out a loan. Once past-due support is paid, stay current.
Arrange a payment plan with the child support agency for past-due support. If you follow the terms of your payment plan, a child support agency will not take the enforcement steps listed above (e.g., license suspension).
A payment plan will not remove a child support lien from either the Child Support Lien Docket or the credit bureau report. If you follow the terms of your payment plan, a child support agency will not take additional enforcement action to collect past-due support. (Your tax refunds may still be taken and interest will still be charged on your past-due amounts.)
Return to "Important information for parents who had a percentage order"
Updated March 20, 2007
Bureau of Child Support
Content Contact: BCS Webmaster

Phone Numbers and Websites for Parents
Wisconsin Child Support Agencies - contact information for county and tribal child support agencies

Wisconsin Clerks of Court Directory Requires Adobe(r) Acrobat Reader

KIDS Information Line - information about your last two payments

Child Support Agencies in Other States - Federal Office of Child Support Enforcement list

Detailed payment and balance information on your case
childsupport.wisconsin.gov/payments (updated every night except Sunday)
Job resources for parents
Job Centers
The Department of Workforce Development has Job Centers around the state to help those looking for a job. To find the one closest to you:

Phone [phone]
Go to the website
Local job programs
You may also contact your child support agency and your social/human services agency. Your local agencies may know about other programs in your area to help you get employment assistance, training or financial support.

Other help with jobs
The Department of Workforce Development’s website offers many links for jobs in the state.

Legal Information
Center On Fathers, Families, and Public Policy

Website www.cffpp.org/index.html
Wisconsin State Law Library

Website http://wsll.state.wi.us/
More resources for parents (programs and parenting information)
Updated March 09, 2007
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Yes and No.
You can move out of state with your child, but if the biological father of your child with whom your share custody with and of whom your child has visitation with doesnt agree you may have to go back to court and get an order to modify the custody and visitation agreements.

You said that neither you nor Child Support Enforcement have any contact info on your childs father. I find that hard to believe. You would have had to had some kind of info on him for him to be ordered to pay child support to you. His name, his ssn#, his last known address, and employment.

You say he was granted visitation 5 years ago and obviously was ordered to pay child support then.
But just because he doesnt see the child nor pay child support doesnt mean that you can move without the courts consent nor your childs fathers consent.
Having said that, you need to contact an attorney.
You may be able to have the courts terminate his parental righst to the child given the circumstances, No child Support, not seeing the child in 5 years, some states will do that if a paremnt hasnt seen the child in a year.