I want to move out of state...

[the1stNoel27]

What is the name of your state? Virginia
Ok, here is my situation and questions:
My son is 6 months old. His father and I broke up right after he was born. Since then my son's father has hardly been involved at all. We are currently waiting for a court date to settle custody and child support. In the last three months my baby's father has only seen him once for about 10 minutes and hasn't paid me anything in the same amount of time. I am also in the process of getting a lawyer. I am currently in a serious long distance relationship and have been for the last 5 months. My boyfriend and I have been discussing marriage sometime in the future. Ok, so here are my questions...
1. What impact will my son's father's non-involovment have on my case to possibly move out of state?
2. What impact will his non-involvment have on the kind of visitation I can expect that he will get?
3. What impact will my son's age and the fact that he doesn't even know his father have on the kind of visitation he will get?
4. What happens if my baby's father doesn't show up for scheduled visitations?
5. What kind of reasons are considered good enough for me to move out of the state, and is marriage to someone who lives out of state considered relevant to the court when deciding if it's ok for me to move?
6. Can I expect back child support that I am owed once there is a court order for it?

 

[acmb05]

What is the name of your state? Virginia
Ok, here is my situation and questions:
My son is 6 months old. His father and I broke up right after he was born. Since then my son's father has hardly been involved at all. We are currently waiting for a court date to settle custody and child support. In the last three months my baby's father has only seen him once for about 10 minutes and hasn't paid me anything in the same amount of time. I am also in the process of getting a lawyer. I am currently in a serious long distance relationship and have been for the last 5 months. My boyfriend and I have been discussing marriage sometime in the future. Ok, so here are my questions...
1. What impact will my son's father's non-involovment have on my case to possibly move out of state?
2. What impact will his non-involvment have on the kind of visitation I can expect that he will get?
3. What impact will my son's age and the fact that he doesn't even know his father have on the kind of visitation he will get?
4. What happens if my baby's father doesn't show up for scheduled visitations?
5. What kind of reasons are considered good enough for me to move out of the state, and is marriage to someone who lives out of state considered relevant to the court when deciding if it's ok for me to move?
6. Can I expect back child support that I am owed once there is a court order for it?

1. It will have a huge impact if he decides to fight it.

2. no one knows that but the Judge who will rule on it.

3. refer to answer number 2.

4. nothing happens except he does not see his child that week.

5. For the betterment of the child. The child deserves to have both parents in his life. You wanting to marry someone who lives out of state is not going to matter, you are free to move whenever you like, however a judge will probably not allow you to take the child with you.

6. How do you have a court order for child support but you are also waiting on a court date for child support? Is he already ordered to pay it and this is a contempt hearing? If he was not ordered to pay it yet then he does not have to.

 

[the1stNoel27]

I filed the paperwork for custody and child support...I am just waiting now. We havn't been to court yet. He has not yet been ordered by the court to pay child support. ...sorry if that wasn't clear.

 

[the1stNoel27]

would it matter to the judge if I was already married to someone who lives in another state?

 

[Ohiogal]

Nope because you filed the custody and support in Virginia and hence Virginia has jurisdiction. the fact that you are married to someone who lives in another state doesn't matter because you were to file in the state of your and the child's residence. And the court is going to see your marriage for what it is -- an attempt to be able to move out of state and circumvent the courts which will never happen. You brought the courts into this, and that is where they will remain until the child turns 18.

 

[LdiJ]

I will add, that if dad continues to show little interest in the child, and continues to choose not to be involved in the child's life, then that would have a major impact on whether or not a judge would allow you to relocate with the child.

However, once child support is in place you can probably expect dad to take more of an interest.