If I want to move out of state to be with my fiancé’ and my children’s father is behind in support payments and never visits them, how do I get the court’s permission to leave?

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If I want to move out of state to be with my fiancé’ and my children’s father is behind in support payments and never visits them, how do I get the court’s permission to leave?

My kid’s father is not paying child support ($32,000 behind). He has not been active in their life in 11 months; he has only seen them twice and that was when his parents contacted me wanting to see the kids. I do not keep them from him but he never calls to speak to them or shows signs of wanting to see them. What are my chances of getting this approved by a judge and what steps do I need to take to get the process going?

Asked on June 29, 2015 under Family Law, Missouri

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Please understand that not paying child support has really nothing to do with the right to see your kids. In other words, you can not withhold visitation becuase he is not paying support.  It sounds kookey but it is the truth. And you should consider suing him for the back support and obtaining a judgement.  But that is not really the issue here.  You want to move.  If you have a custody provision that permits visitation and restricts moving and he agrees to modify and allow you to move then do an Addendum to the stipulation.  If you can not get him to agree then yes, make an application by motion to the Judge to allow you to move. Better life, Fiance supports them, etc.  Good luck. 


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