Can a mother move her child out of state if the father is paying child support and does not want her to move his child out of state?

Answer 1

The laws on this vary by state. Judges usually have a broad range of discretion to do what is in the best interests of the child. I have heard of it being done before.

AnswerThere are numerous factors to be considered. First has the biological father established paternity? If so, is there a court order addressing the issue of visitation and/or custody rights? Is the father paying court ordered child support? If most of these do not apply, the father does not have the right to make any type of request concerning the child. The most important of these issues would be the existence of a joint custody order. Judges base decisions on the amount of involvement a parent has in a child's life. Any parent who does financially support and is not actively involved in the child's life will not be looked on favorably by the court.

If she moves out of state with the child and it isn't in the divorce papers she can get arrested.

Answer 2

When paternity has not been established of the child the mother is free to leave the state in which she resides. If paternity has been determined, the courts will decide if it is in the child's best interest to leave the state.

Answer 3

Well, if he's paying child support, that means she has custody of at least one child who is under 18. So, by law, no, it is illegal for the mother to move out of state without telling the father.

Answer 4

In California, Family Code section 7501, subsection (a) provides, "A parent entitled to the custody of a child has a right to change the residence of the child, subject to the power of the court to restrain a removal that would prejudice the rights or welfare of the child."

In California, a parent with sole custody may change the residence of the child. The problem becomes one of visitation. A move away case, in and of itself, does not eliminate the legal obligation to honor the order of the court regarding visitation.

In California, Family Code section 3024 provides a mechanism for notice to a non-custodial parent of a move-away by a custodial parent. The statute provides for written notice a minimum period of time prior to the planned move "so as to allow time for mediation of a new agreement concerning custody."

In California, the legal burden falls on the party opposing such a move to show in court that the move "would prejudice the rights or welfare of the child."

While non-payment of child support may constitute a valid reason for moving out of state with a minor child, the act of paying child support does not, by itself, preclude a move. Child support does not stop at the state line.

Should you find yourself in this situation, you should seek competent legal assistance as soon as possible. Time is an important element of a move away case, and, generally, the courts will not make a parent wait to move simply because the other parent didn't act in a timely manner.

In California, in situations where there is a joint custody order. the court is the arbiter of whether a parent may move with a child or not. In those instances, a parent may not move the minor child out of the state without the consent of the court.

All other states - Check with local counsel.

Answer 5

Legally, not if the father is alive & says, "No." Not until the child is 18.

Answer 6

Depends on State Law. In Florida, no parent can relocate out of state with child unless there is agreement in writing of other parent or court order. It is a big deal if you violate.

Answer 7

Petition the court for an emergency custody hearing before she leaves the state - without the courts custody agreement in place she can move at will.