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I am moving to another state with my son and need to know my rights?
I was never married to the father of my 7yr old son.
I have had custody of him his whole life---the only one taking physical care of him (i.e taking him to school, Dr., extra curricular activities..etc...)
I am a full time graduate student and work part time (monthly income of 1K) graduating in May 2010
His father makes 40-45K a year working full time
He pays $100/month and will sometimes give me a little extra if I ask (which I hate doing)
I pay all medical/dental insurance, clothes, school supplies, entertainment, etc...for our son
I am on food stamps, but that is all the assistance I get
We never established custody legally
He takes our son 48 days out of the year (once a week Sat. overnight)
I am wanting to move to WA from OK to pursue a Ph.D and would like to take our son. I am not moving to keep them apart and am willing to send our son to his fathers for two months in the summer and every other holiday/birthday.
I realize that Yahoo answers is not the most professional way to get advice but I am exploring all options. I plan on hiring a lawyer and petitioning the courts for sole physical custody. I would also like him to start paying more child support since our son is getting older (and more expensive).
What are my rights in this situation? thanks
8 Answers
- nas88car300Lv 71 decade agoFavorite Answer
no matter what you still need his permission to move out of state
also you should get court ordered child support and $100 a month doesn't cut it that's $25 a week or about 3.50 a day or if you go by 30 days that's about 3.33 a day
also he should put the child on his insurance it may be cheaper
- ?Lv 45 years ago
in case you do not have criminal custody well-known, and he isn't on the delivery cert. Than i might say, get to have been you're needing to be to make a much better existence for you and your baby, then set up a criminal order after being there for what ever the state deems you to be a criminal resident. many times the place ever you establish the criminal order is the place you're locked in. And that has it very own issues, like asking the courtroom and him for permission to go and why. shop in mind that visitation and economic help are to chop up themes interior the courts eyes.
- No More AbuseLv 71 decade ago
Both parents have equal access and rights to the child, you should notify the other parent of your intentions of moving out of state. You should have some kind of court order custody/visitation in place with moving to provide the other parent their access to the child. Usually you would file a motion in court to settle this matter legally.
- Anonymous1 decade ago
Sounds like you are trying to mess up a situation many women would die for. A man that accepts his paternity, stays in his son's life, pays anything at all every month.
I would just explain everything to him and make your request before bringing the legal system into it.
But check with the clerk of court. Mutual consent agreements can be filed in most states without hiring attorneys.
- Earl JLv 41 decade ago
Your right. Start with the assistance of a family law attorney. You have all the right to ask for more child support and health insurance based upon what you make and what the father of the child makes. Considering the fact that you and the father have been able to work things out in a mature manner and the fact that you have had full custody of the child, I see no reason why a family law judge would not grant you the right to take the child with you to Oklahoma. This is also based upon your willingness to grant the father custody for two months in the summer and every other holiday and birthday.
Once you are employed after you complete your education, your child support should change accordingly, base upon what you make and what the father makes.
Source(s): Retired Peace Officer - Michael CorleoneLv 71 decade ago
he can take you to court for taking his son out of state if he wants. sounds like you have a good relationship with the father. so he might not. but the judge could rule in his favor that you can't take your son out of the state.
as far as getting more child support goes. the judge will do all that. i doubt you are going to get sole custody. usually its joint custody with your the primary!
- CiticopLv 71 decade ago
Make sure it's okay with Dad. If he doesn't file a complaint with the court, everything is find.
Source(s): 9+ years Law Enforcement - Anonymous1 decade ago
Your parental rights do not change just because you are moving to another state. You have the right to move to another state and to take your child with you. Your child's father has the right to petition for custody if he doesn't want the child moving away. I doubt he would get anything outside of what he's previously had without a good reason. You moving to pursue education isn't enough of a reason for him to be given custody if he petitions for it. It is possible that the child's father will get some sort of visitation schedule granted.
You have the right to petition for increased child support. Child support is based on his father's income, and not so much on what you think your child needs.
Source(s): Been through this in Texas