Can I move out if state with my child?

Believe it or not, the fact that the father is incarcerated would not have been an automatic bar to visitation with his son, had he not otherwise lost his right to visitation. If he could have shown he had a meaningful relationship with your son before the incarceration, a court might have compelled you to bring your son to the prison for visits. However, while the order of protection is in effect, the father's petition for visitation will be denied. Your OP (order of protection) has specific language about how far away the father is to keep from you and your son. If the father violates the OP, call the police immediately. If and when the father is awarded visitation in the future, depending on your son's age, it will likely start off as supervised or therapeutic visitation, and the father will be required to take parenting classes. Despite the fact that the father currently has no visitation with your son and likely will not have any for the foreseable future, unless the father gave you permission to move out of state with your son, you must file a petition for leave of court to relocate to another state. You'll need to prove by a preponderance of evidence that it is in your son's best interests to move by offering proof of good schools, employment for you, and family present in new location. The safety factor will weigh heavily in your favor, and if you move (in-state or out of state) you should be allowed to keep your address confidential from the father if you prove you and your child will be in danger if he knows where you live.  Assuming you at least have a decent place to live and means of supporting yourself, you have a very good chance of having your petition to relocate to another state granted.  In order to have his petition for a downward modification of his child support obligation granted, the father must prove a substantial and unexpected change in his financial circumstances. Given that he's being released from prison, which will allow him to increase his income, his petition will be denied.