Moving from MN to CA with son

[candace0423]

I would like some advice on making a move. I am an unmarried mother of a 1 year old. My entire family lives in CA and has offered for me to move back home to go back to school for engineering. My sons father and I work together and this has become rather difficult due to the fact that I recently informed him that I have consulted an attorney and have filed for child support. I won't even go into the harrassment that I have endured in the workplace. My question is this, I know that under MN law I do not have to seek his nor the courts permission to move with my son to CA, however, I am wondering if this will light a fire under him to file a motion requesting parenting time and try to either keep me in the state or make me come back to the state. At this point he has done nothing to establish custody on his part and I have let him take our son every other weekend when he can. He has not paid a dime in support. He has informed me that if he has to pay court ordered child support that he will go for full custody and that he will file kidnapping charges against me if I move back to CA. I am planning on moving to CA March 1st. Should I inform him now or fly under the radar until then?

 

[Neal1421]

I would like some advice on making a move. I am an unmarried mother of a 1 year old. My entire family lives in CA and has offered for me to move back home to go back to school for engineering. My sons father and I work together and this has become rather difficult due to the fact that I recently informed him that I have consulted an attorney and have filed for child support. I won't even go into the harrassment that I have endured in the workplace. My question is this, I know that under MN law I do not have to seek his nor the courts permission to move with my son to CA, however, I am wondering if this will light a fire under him to file a motion requesting parenting time and try to either keep me in the state or make me come back to the state. At this point he has done nothing to establish custody on his part and I have let him take our son every other weekend when he can. He has not paid a dime in support. He has informed me that if he has to pay court ordered child support that he will go for full custody and that he will file kidnapping charges against me if I move back to CA. I am planning on moving to CA March 1st. Should I inform him now or fly under the radar until then?

I am guessing that since there is no support order at this time, paternity has not been established. Did he sign the birth certificate or AOP?

 

[rmet4nzkx]

If there has been harassment, have you filed police reports or gotten restraining orders? If you have no orders he has 6 months to file to get them and for you to return the child to MN. Even though he is not paying child support he has established a relationship with the child.

 

[stealth2]

Uuuuuh, you may want to read again. If paternity has been established and there are any court orders dealing with custody/visitation, you actually DO need either Dad's consent or a court order allowing you to move the child:

518.175 Parenting time.

Subd. 3. Move to another state. The parent with whom
the child resides shall not move the residence of the child to
another state except upon order of the court or with the consent
of the other parent, if the other parent has been given
parenting time by the decree. If the purpose of the move is to
interfere with parenting time given to the other parent by the
decree, the court shall not permit the child's residence to be
moved to another state.

Since you've filed for support, paternity either has or will be established. In which case, Dad will have every right to file to keep you from taking the kid out of MN.

 

[candace0423]

He did sign a Recognition of Parentage. He just realized this and has recently applied for a certified copy of it. He could have just requested his copy from me but didn't. According to the law he must have this form first before filing for court ordered parenting time.

 

[candace0423]

Uuuuuh, you may want to read again. If paternity has been established and there are any court orders dealing with custody/visitation, you actually DO need either Dad's consent or a court order allowing you to move the child:




Since you've filed for support, paternity either has or will be established. In which case, Dad will have every right to file to keep you from taking the kid out of MN.

There are no court orders. I just recently filed for support. The case has not even been opened yet.

 

[Neal1421]

He did sign a Recognition of Parentage. He just realized this and has recently applied for a certified copy of it. He could have just requested his copy from me but didn't. According to the law he must have this form first before filing for court ordered parenting time.

Well, the child can't move from the state without his consent. Whoever told you that lied. In MN the child can move throughout the state without his consent but not out of it.

 

[rmet4nzkx]

He did sign a Recognition of Parentage. He just realized this and has recently applied for a certified copy of it. He could have just requested his copy from me but didn't. According to the law he must have this form first before filing for court ordered parenting time.

Then paternity has been legally established, nothing prevented you from petitioning the court to establish custody/child support/visitation orders in the year since the child was born. You were under no obligation to allow visitation, but you did and so he has established a relationship with the child. If he is required by law to have a copy of the ROP to file for visitation, then it would need to be a certified copy from the county or state office who is custodian of records. It looks as if he is serious about his parenting and you will have to abide by the courts orders.

 

[rmet4nzkx]

There are no court orders. I just recently filed for support. The case has not even been opened yet.

Then you have accepted and established jurisdiction in MN, you cannot move without the court's permisssion because of the pending child support orders for which you filed. Don't quit your job and plan to move anytime soon.

 

[candace0423]

Then paternity has been legally established, nothing prevented you from petitioning the court to establish custody/child support/visitation orders in the year since the child was born. You were under no obligation to allow visitation, but you did and so he has established a relationship with the child. If he is required by law to have a copy of the ROP to file for visitation, then it would need to be a certified copy from the county or state office who is custodian of records. It looks as if he is serious about his parenting and you will have to abide by the courts orders.

According to the court, I did not have to establish custody. I have sole physical and legal custody of my son. The father has spent 2 weekends with his son in 2 months and this was at his sisters house while he went bowling with friends. The thing that has him up in arms is paying child support. Now he wants full custody. He doesn't even have a permanent address. He stays at friends. He says he cant afford an apartment yet but has recently booked an all-inclusive vacation to Cancun with his girlfriend. I do realize that he doesn't have a chance right now at full custody and just wants to issue threats, however, I do not want to spend the next months tied up in the court system when I could be getting on with my life. He is more than welcome to visit his son in CA. If he says he can't afford this then he shouldn't be in the casinos or bars or booking expensive vacations.

 

[candace0423]

Well, the child can't move from the state without his consent. Whoever told you that lied. In MN the child can move throughout the state without his consent but not out of it.

http://www.mnfathers.org/documents/Unmarried_Fathers_Guide.pdf page 4

 

[rmet4nzkx]

You are naive of how the system works, and you are jealous of the fact that he is moving on with his life and has a new girlfriend and is taking vacaitions to Mexico while you are just finally getting around to filing for child support. Even if you get permission to move you will be responsible for the cost of travel for visitation because you created the distance. Sure you can move on with your life, but you may be required to leave your child in MN. What you are planning will have you in contempt of court AND you could lose custody of your child. THen you will still be paying the cost od transportaiton for visitation and child support.

 

[stealth2]

And he will likely file as soon as he has that certified copy (I wouldn't have asked you for it, either). Either way, why didn't you ask the lawyer you consulted with?

My kids' Dad sees them once a month - what's your point?

 

[candace0423]

And he will likely file as soon as he has that certified copy (I wouldn't have asked you for it, either). Either way, why didn't you ask the lawyer you consulted with?

My kids' Dad sees them once a month - what's your point?

I have asked my attorney. I was just looking for any advice from anyone else who has been through this. I'm a little confused by your last question.

 

[stealth2]

I have asked my attorney. I was just looking for any advice from anyone else who has been through this. I'm a little confused by your last question.

You're the one who seemed to have a point how your kid's Dad has only seen him twice in two months - so I wondered what it was.

In any event, Dad will be able to at least attempt to stop your moving the kid out of state.