If I move out of state with my child, do I have to inform him before I can move my son out of state or would I have to go to court first?

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If I move out of state with my child, do I have to inform him before I can move my son out of state or would I have to go to court first?

We have never gone to court for an official custody arrangement. We do have a state ordered child support arrangement but he hasn’t paid it for the last 3 months. Also, he hasn’t seen my son in almost 2 years.

Asked on June 21, 2015 under Family Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

First of all, child support has nothing to do with custody.

Since there is no custody order in effect, then now is the time to get one. While you can take your son to another state at this point, your child's father could file for custody and you would have to return and appear before a judge to work this out. If you failed to do so, you could be charged with parental kidnapping.

At the hearing, th judge will weigh several fators as to whether or not to allow your move. One of them would be the fact that your child's father has not seen him in about 2 years but the determing consdideration will be what is in the best interest of your son.

Frankly , you should consult directly with an attorney who specializes in child custody cases in your area. They can best advise as to how best to proceed.

 


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