Need to move???

[tania7120]

I have Sole legal and physical custody of our 2 and half year old daughter. He lives in Fresno, California but has supervised visitation in an Adams county Denver, Colorado facility, but has yet to use it or to even visit at all since she was 2.5 months old. He is behind on child support, but that is beside the point. Live in Denver, CO. I do have an attorney but do not have the money to keep paying.

Now, he has known of a possibly move for a while now coming up in a month and a half possibly to SC. Originally he agreed and still does to an extent agree with the move but doesn't want to go through court. In fact he says if I don't take the case out of the court system he will not sign anything, yet its OK if I go to SC anyways.

I live here in Denver alone with no family support, but I have family living in SC. Would like to get a support system going. Is there any other choice but to go back to court? Considering he has been so supportive thus far what are the options?? I have already been told by him that he holds the plate at this time and will use it to his advantage.

Now the question is

 

[Proserpina]

Why does he have supervised visitation?

There's a reason for my question

 

[army judge]

Never trust a person that asks you NOT to report an automobile accident to the police or a "baby daddy" that doesn't want you to use the court system!

 

[tania7120]

He has a total of 4 Dui's one here in Denver CO, a warrant here in colorado, that along with abuse while drinking-proven in court, along with multiple purchases of alcohol-also proven in court

 

[army judge]

He has a total of 4 Dui's one here in Denver CO, a warrant here in colorado, that along with abuse while drinking-proven in court, along with multiple purchases of alcohol-also proven in court

Never, ever, ever badmouth the man YOU chose to father your baby in a court of law!!!

It'll only harm the substantive portion of your case!!!

 

[tania7120]

I apologize if I misunderstood! I was asked why he had supervised visitation, this was why. There was no he said, she said involved just paperwork. The judge made his decision for supervised visitation on the paperwork that was present and able to be verified by other sources police reports, bank statements, etc. Then after that he made the choice to not be involved with the case on top of that. I was just answering a question!

 

[Proserpina]

OK, then here's my opinion.

Give notice to Dad, and the court, of your intent to relocate. Dad will have a chance to object. If he does, I honestly cannot see him being successful given that he has not been part of the child's life.

You should also be prepared to modify the current visitation arrangement.

The court basically has two options - allow the move, or switch custody. And there is no way Dad is going to get custody of this child at this point.


Edited: I missed the part where Dad lives in CA. That just boosts your case, Mom. I would be very, very surprised if the court doesn't allow you to relocate.