Custody Relocation Laws

Ashley - posted on 12/03/2012

also, my husband wants to adopt my son and his dad hasnt been in the picture. the lawyer i talked to said it would be a very cheap simple process since he hasnt been in the picture and doesnt pay child support. but he also said that it would be easy because my husband does want to adopt. he said that if there wasnt another person who would be willing to adopt, then it would be harder for the judge to get the father for abandonment and have his rights taken away because they want them to have a father in the state of missouri. your issue would be that he is paying child suppport, and that is considered contact in missouri, so he would have to be willing to sign his rights away. if not, then you wouldnt be able to do it.

Ashley - posted on 12/03/2012

i live in missouri and if you dont have any custody arrangements then you can do whatever you want. seeing as though, he is not in the picture, he probably wouldnt fight it anyway. since you do recieve child support, then you have to let them know when you move, but as for him, he cant do anything because there are no custody aggreements. he could always take you to court, but if you are already moved, then he would have to file in the state the child lives in.

Amber - posted on 11/13/2010

Is he on the birth certificate? I know in MA if he is not on the birth certificate than he has no legal rights.

Fallon - posted on 11/12/2010

I just went through relocation in the state of Florida and know what you are talking about. If there is a child support order in place, then there should be a custody order in place to even if it just states it is to follow state guidelines. Although on a few occasions I have heard of there just being a child support order. If there is no custody order then you are allowed to move with out paperwork, but if it so much as even says that custody is to go by guidelines then that is still considered one. If you want to be on the safe side you should go to your county website and see what the laws for giving him the paperwork (official relocation form) and having him sign it. In florida if I serve him the paper he can either sign it and allow me to go, or if he doesn't respond in 30 days and I have the court file the other, then he has no say. As for the signing his rights away, some states have a law that a child cannot be bastardized because then the state must help with child support. I am guessing more likely than not this is what the lawyer was referring to because I am hearing more and more states that have adopted this law. But check your new state because they might not have this law and you can have him surrender his rights once you live there for 6 months although that also means no more child support. Every state is different on both topics hope this helps you and good luck.