If you have custody of a child and the father has visitation rights are you able to move to another state to better yours and your child's life?

Answer 1

You cannot make any move that affects the father's access to your child. If you want to move, you must return to the court and seek a modification of the visitation order. Upon receiving that modification, you can then move. Generally, family courts look at the "best interests of the child" in making this determination. The best interests can include school, medical, and other opportunities, and can also include the parent's opportunities in the new location (if the parent will be better able to provide for the child). However, courts will heavily consider the child's relationship with the non-custodial parent, and the possibility for the continuation of that relationship. You should seek the services of an attorney to give you advice as to how to modify the order and increase the probability of the court allowing you to move. BEWARE: if you move first, then the court will most likely not be willing to help you later on.