I need advice about moving out of state with my son...

Christina - posted on 07/29/2011

Best bet is to call the Domestic Relations Office (for child support) and they can direct you where to go.

Kayla - posted on 07/29/2011

That's the thing. We've been to court 2 times now. First time around we made an exact schedule for him to follow. Second time, I was filing for show cause rule, because he wasn't paying child support. We went to mediation to set up a workable visitation schedule and then his schedule for work changed again and we couldn't use it, but it was too late at that point, and so in court we just said we'd work with each other, and never specifically gave days etc. We said to each other however, that we would try for sundays as we said in mediation, and since April-May he's seen his son 3-4 times. I've looked online to see the laws for custody and visitation but I can't really find anything good except for mostly advice type deals. Any idea where I can find the laws?

Julie - posted on 07/28/2011

It depends on the custody agreement that was reached and where you live. If he has set "every other weekend" etc, and YOU move. Then YOU will be responsible for getting the child to him to fulfill that obligation. Of course, everything varies from state to state, but that is how it works in Washington.

Christina - posted on 07/27/2011

You are welcome :)

Kayla - posted on 07/27/2011

That's really helpful and encouraging, thank you :)

Christina - posted on 07/26/2011

Keeping record will help your cause. If he is not exercising his visitation then you have a good legal argument. Yes, the prospects of a better life is a good reason to move.
Make sure you have all your ducks in a row. Also, to move, you have to inform the dad. If he objects, then he has to take it to court. All you have to do is call and let them know where you are moving. His dad has to bring the lawsuit if he wants to keep you here.
Judges will usually let one parent move unless there is 50/50 custody going on or a parent that sees their kid regularly. My friend went through this. Her husband's ex packed up and moved out of state. He took her to court (and she had to return to the state to attend.) She was granted new residency, but she was required to bring their son to him for his entire summer vacation, his Thanksgiving holiday, his Christmas break (his mom could have him on Christmas if it was her year, and on those years she had to have him to his dad's house the day after and leave him there until a day before school started again), for his Spring break, and every time there was a 3 day weekend from school, she had to bring his son to him. (She moved about 8hrs away.) After a few months she moved back. But she had nothing going for her, and my friend's husband had his son every time he was suppose to, which is how he won more time.

Kayla - posted on 07/26/2011

I have full physical and shared legal custody. My son's father doesn't see him often, but is the type who would fight me just to fight, and I really don't have a good cause for moving. I haven't been offered a better job or anything specific (yet), a big thing is I can buy a nice house where I want to move, and here can't afford to rent a place without a roommate helping out. Another thing is he's been saying he's going to move far away for the last couple years basically. This happens on and off, and of course nothing ever happens. I still think he'd try and fight me though. Is the ability to live more comfortably a valid excuse to move out of state? I keep a calendar showing what days he calls/texts and when he actually see's his son. It's usually maybe 1 time a month. He's supposed to see him 2 times a week minimum.

Christina - posted on 07/21/2011

Do you have a court order of custody or just child support? Legally, unless you have a court order of custody, you can pick up and go where ever you want with your kid, and so can his dad!
Morally, you should inform his father. Chances are, if his dad isn't seeing his son regularly, he won't object to you moving.
If you have a court order of visitation/custody, you need to contact the courts and request permission to move. They will set up a court date, and if his dad is a no show, then you win. Even if his dad is a no show, if you have good cause for moving, the courts will grant you permission most likely.