Q: Am I allowed to move out of state with my child without permission of his father?
Neither of us has court ordered custody, but the child has been living with me for the past 8 years and is 11 years old now. I am just starting the process of filing for sole parental responsibility but plan on moving out of state next summer for employment reasons and to provide a better life for the child. The father sees the child about once a month. He has never paid child support even though it is court ordered. He has threatened harm to myself and my family should I file for custody. I also have witnessed drug use in his home. I fear going to court and not being awarded sole responsibility of the child and having to set up some type of parenting plan that would put the child at his father's house more often, thus potentially in harm's way more often. I also fear the child's father attempting to "talk him out" of relocating out of state. We live in FL and plan on relocating to TX.
A: You need to consult with an attorney and find out about what is required under the law. If he is paying support then it must have been determined that he is the father, and should have been determined that he has shared parental responsibility. You cannot move out of state without his written permission or a court order. You might have to file a petition for relocation.
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