I have custody of my son. There is a visitation agreement but need to move to a different state. What do I do?

You can go back to the court that issued your custody and visitation order and move to modify the order based on a change of circumstances, that being that the father is not exercising his visitation rights and that you are planning to relocate.  If the father comes out of the woodwork and starts fighting to keep the child here, you are going to have a really good reason of why you have to move and why it is in the child's best interest to go to North Dakota, not just yours.  Relocation cases can be extremely difficult in cases where both parents are actively involved in the child's life, but in your case where the father has been uninvolved, it should be much easier to get a change to the court order.  Depending on what the order says, there may not be anything technically preventing you from leaving.  But if he decided to suddenly start exercising his visitation, it could be difficult to accommodate that from North Dakota. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.