QUESTION
Can I move out of state with my children if the father is not on child support?
Asked on Oct 23rd, 2015 on Family Law - Florida
More details to this question:
I have decided to move out of state have my kids in a better environment. I have Full Legal Custody of my two kids. Their father is not on child support and he is has a felony involving drugs. When I told him I was planning to move out of state he said it was ok through text and said there was nothing wrong with that. Now a couple days letter he decides to say he doesn't consent for them to leave and will place himself on child support to prevent me from leaving. I already have a signed lease in another Tennessee to move into a home. Please let me know what I can do. Thank you.
1 ANSWER
Being "on child support" is not the operative fact that would allow or disallow you to move out of state with the minor children without the permission of the Father. I would need more information regarding your statement that you have "full legal custody."
If the paternity was never established, naming the Father as the legal father and the court never ordered timesharing/parenting plan, than you are considered the children's only legal custodian and you can do as you wish.
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Oct 26th, 2015 at 6:19 AM