• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Moving out of state

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mfierro30

Member
My children, fiance and myself are currently living in Nevada and are thinking of relocating to Oregon. My son's father and I were never married and have never gone to court for custody, he only ever chooses to see our son once maybe twice a year. Do I have to get his permission to move out of the state?
 


Just Blue

Senior Member
My children, fiance and myself are currently living in Nevada and are thinking of relocating to Oregon. My son's father and I were never married and have never gone to court for custody, he only ever chooses to see our son once maybe twice a year. Do I have to get his permission to move out of the state?
Yes. Is there any custody orders?
 

mfierro30

Member
Okay...Then get written permission from Dad and figure out a visitation plan. Make sure you tell Dad you will cover the cost of airfare for the child as you are the one creating the distance.
Do you know what the best way to get written permission would be when he refuses to answer any of my calls or texts unless it's the week of Christmas?
 

t74

Member
Was paternity legally determined? Child support? If these were done, why was custody and visitation not done at the same time?
 

LdiJ

Senior Member
My children, fiance and myself are currently living in Nevada and are thinking of relocating to Oregon. My son's father and I were never married and have never gone to court for custody, he only ever chooses to see our son once maybe twice a year. Do I have to get his permission to move out of the state?
It would be wise to file for permission to relocate with the child, with the courts. That will mean filing for custody at the same time. It would almost be a slam dunk for you since he only chooses to see the child once or twice a year.

Some people would just move without asking for permission from anyone (again since he only sees the child once or twice a year) however that is a risky thing to do. If he decides to object to the move he will file in court for custody etc., and you will have to return to Nevada for court, plus you could even get ordered to return the child to Nevada pending the outcome of the case. Its far wiser to take care of the legalities before relocating.
 

t74

Member
It is unfair to the child to leave him in limbo without completing the legalities of paternity, custody, visitation and support even though ignoring these seems to make life easier for the parent currently controlling the situation. A child deserves the certainty that comes with the formalities.
 

mfierro30

Member
Was paternity legally determined? Child support? If these were done, why was custody and visitation not done at the same time?
He's on the birth certificate and pays child support sometimes. In Nevada child support and custody are not handled in the same case if the parents weren't married
 

t74

Member
Paying support irregularly is not appropriate. File for contempt and garnishment. Also do the custody and visitation. Even if they are not the same case, it would be more efficient to do it at the same time. Really, when children are involved, parents should be flexible within the court orders but orders are for the protection of the children,

Remember fathers (and mothers) who do not have daily contact with a young child may be intimidated by the care requirements, Very young children can be very intimidating for the novice parent.
 

mfierro30

Member
Paying support irregularly is not appropriate. File for contempt and garnishment. Also do the custody and visitation. Even if they are not the same case, it would be more efficient to do it at the same time. Really, when children are involved, parents should be flexible within the court orders but orders are for the protection of the children,

Remember fathers (and mothers) who do not have daily contact with a young child may be intimidated by the care requirements, Very young children can be very intimidating for the novice parent.
We've filed for garnishment but everytime the paperwork gets sent he quits his job.
I'll look into filing for custody and petition the court for permission to move.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top