moving out of state and need custody

What is the name of your state?What is the name of your state? Florida
The father and I were never married and we are no longer together. I am thinking about moving out of the state and I need to know what I need to be able to do so. We went to court for child support but no visitation or patertnity was given or denied. I am the custodial parent. The father sees her when he wants, when he has time. Do I need anything else or do I need to just file a petition to leave the state? Please help.

stadek said:

What is the name of your state?What is the name of your state? Florida
The father and I were never married and we are no longer together. I am thinking about moving out of the state and I need to know what I need to be able to do so. We went to court for child support but no visitation or patertnity was given or denied. I am the custodial parent. The father sees her when he wants, when he has time. Do I need anything else or do I need to just file a petition to leave the state? Please help.

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I would establish legal custody, and give the father legal visitation. That way when you move, you wont have to do it later. But when you go to court, be sure to tell the judge where you are moving, so that he can set visitation properly. If there was no custody order given, then technically, you dont have primary custody. He can come get the child whenever he wants. If you move out of state, he can come get the child, take him back to Florida, and file for custody there. Then it would just get complicated, and expensive. My advise would be to contact the father, let him know you intend to leave, but that you are going to file a custody suit so that you can establish custody and visitation with him. If you think that he would not agree to this, then dont tell him, but go ahead and file.But just remember not to make it hard on him, because it just makes it even harder on the child. Work with the father, and not against him. This will help you as well.

I have already told the father that I am thinking about moving. He said "NO WAY am I going to take his child and move that far away" I am planning on moving to PA. I have asked him for custody and he says no to that also. Child support was ordered by the state and the paperwork that I have says I am the custodial parent am I not? Is it better for me to have a lawyer go to court with me knowing that the father is going to fight and do everything he can so I can't leave?

stadek said:

I have already told the father that I am thinking about moving. He said "NO WAY am I going to take his child and move that far away" I am planning on moving to PA. I have asked him for custody and he says no to that also. Child support was ordered by the state and the paperwork that I have says I am the custodial parent am I not? Is it better for me to have a lawyer go to court with me knowing that the father is going to fight and do everything he can so I can't leave?

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Just because you recieve child support does not mean you have primary custody. Custodial parent means that the child IS IN your custody and living with you. That does not mean that you have primary custody. He could come pick up the children, file for child support, and HIS paperwork will say that he is the custodial parent. Yes it is better for you to get a lawyer and file for custody. Yes he may fight you, and do everything he can to stop you, and he may very well do that, but you still have to do it legally. I would contact an attorney, and see exactly what your options are. My ex didnt have primary custody, but I still had to pay child support.Only after we went to court before a judge did she actually get Primary custody.

My daugther does live with me and I have her 95% of the time. Do I have to get full custody or is there another time of custody that I can file for that will able me to move out of the state if I decide to?

And why do you think taking your daughter's daddy out of her everyday life is the only choice you have? Dad's are IMPORTANT to daughters, and moms need to stop going out of their way to make it more difficult for them to maintain a relationship with each other. I sure would be a far less independent, self assertive, successful woman if I had not had my dad around those years of my youth to influence me.

If the father was in her everyday life I would think twice about moving out of state. But he's not and I think that makes it harder on her. Because she asks for him and what do I tell her? Your father is too busy to come see you?

Hey... give her a break! She was never married to the guy, he never said yes/no to paternity. Who's name is on the birth certificate? Does the child carry his last name? I would think these issues come into play here as well. and not all "Father's" are fathers... some are in name only when they have time for it.

You will have to go to the courts to show 'just cause' to move and if dad fights it, it could be hard. You may have a battle on hand. I moved out of state but ex didn't fight it at all. If he would have objected I would have had to stay in the state until courts were decided.

LOL My ex said he'd settle our divorce ONLY if the kids and I moved out of state. Can't shake him like a bad flea, tho. Go figure.