Can my pregnant girlfriend move her child out of state if she has sole custody?

UPDATED: May 4, 2011

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Can my pregnant girlfriend move her child out of state if she has sole custody?

I currently live in OH with my pregnant girlfriend. My family lives in TX which is where we plan to move in the next few weeks. My girlfriend has a 7 year-old daughter with another man who she was never married too. He wasn’t at the child birth, has a lengthy criminal background and just recently got out of jail after serving 2 years. He owes more than $7000 in child support and doesn’t have visitation rights or any sort of custody. Is there anything that he could do to stop her or cause any complications? As far as I know she has always had sole custody of her daughter.

Asked on May 4, 2011 under Family Law, Ohio


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

Answered 11 years ago | Contributor

From the information included and the way that you have phrased the question - no visitation rights or any sort of custody - it is difficult to see that the father of the child could in any way object to moving the child out of state.  The general reason given when people object to their ex moving is because it will interfere with their visitation and courts support this reasoning.  If there is not a good alternative plan for visitation that they parities can agree on or that the court could consider then often those requests to move are denied.  This is not the case here.  However, I would consult with an attorney in your area and bring with you the custody order that you have in place and also discuss the issue of the support and back support.  Good luck.

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