i need help ASAP

[cblu00690]

ok so me and my sons father were never married he pays child support but only sees him 2 days outta the week if that, i have the oportunity to move to a diff state and have a job, he doesnt want me to take em out of state but im only a day away, can i take em with me or no

 

[army judge]

ok so me and my sons father were never married he pays child support but only sees him 2 days outta the week if that, i have the oportunity to move to a diff state and have a job, he doesnt want me to take em out of state but im only a day away, can i take em with me or no

Is there a custody order?
What goes the custody order say about residency for the child?
You must obey the court order, or risk being held in contempt and possibly losing custody of the child.

If the custody order is silent on the matter of the child's residency, and the NCP disagrees with the move, yet you move anyway; expect the NCP to file suit to have the court rule against the move. If it goes to court, a judge could order you to return to your former city and state.

The NCP's visitation habits is irrelevant. The payment habits of the NCP is primarily what concerns the court.

 

[cblu00690]

there is no custody order
he doesnt pay child support anymore
he sees him two days outta the week
i handle everything for the child

 

[army judge]

there is no custody order
he doesnt pay child support anymore
he sees him two days outta the week
i handle everything for the child

If there is no custody order, you can take YOUR child anywhere you wish.

Has he established paternity?

If he hasn't established his paternity, he has no legal standing to say anything about the way you raise your child, or where you raise your child! Legally, he's a stranger and isn't the father.

Therefore, you aren't required to let him see the child. In fact, you're better off not allowing him to see your child. Besides, he isn't paying child support, so his say doesn't matter nor exist.

If he wants a say, he has to establish paternity. Until he does, he has as much authority over your child as I do, NONE!!!

 

[cblu00690]

what do u mean establish paternity
he did sign the birth certificate

 

[army judge]

what do u mean establish paternity
he did sign the birth certificate

That would be equivalent to establishing paternity.
He acknowledged paternity.
In Massachusetts, there is a protocol to establish a legal father for unmarried parents:

What is paternity?
Paternity means legal fatherhood.
If you and your child's other parent are not married to each
other, you can establish paternity by:

• signing a paternity acknowledgment form in the
hospital at the time of the child's birth, at the city
or town clerk's office in the community where the
child was born, or at the Registry of Vital Records and
Statistics (RVRS), or

• asking a court to establish paternity.

Otherwise your child will have no legal father.

WANT TO ESTABLISH PATERNITY ?
WE CAN HELP YOU.
Visit the web site of the Massachusetts Department of Revenue
Child Support Enforcement Division (DOR) at: www.mass.gov/cse
or call DOR at: 800-332-2733 (toll free number) or 617-660-1234 (local callers)

 

[Proserpina]

How far are you moving, Mom?

Are you talking other side of the country, or across border towns?

Are you willing to provide ALL transportation to and from Dad's? Offer him a very generous long-distance parenting plan?

Whether he is or isn't paying child support doesn't matter in terms of visitation and/or custody; CS is not a ticket to see the child.

Dad can object to the move and if he does, Mom has an uphill battle on her hands.

 

[LivBenson2010]

ok so me and my sons father were never married he pays child support but only sees him 2 days outta the week if that, i have the oportunity to move to a diff state and have a job, he doesnt want me to take em out of state but im only a day away, can i take em with me or no

If there is no custody agreement then yes, you can take your child/children out of state. I would double check with an attorney in your area though.