Family Law Questions? Ask a Family Lawyer Online.
Child support isn't directly related to child custody. Even if the parent is not paying child support, he has a right to visitation.
Therefore, if the father has visitation rights or custody rights of any kind, or if there is a provision in the divorce decree (if you were married) that says you can't move the child more than a certain number of miles from the other parent without a court order, you'll have to file a motion with the court to get permission to move.
What would constitute as having visitation rights? If we have never been to court and dont have a court custody order then would I still need to file a motion to get permission to move?
If there is no court order in place preventing your rights to the child, you can take the child anywhere you want. However, if the father had a change of heart, he could file a court petition to establish visitation rights, etc., which could throw a kink in your plans.
If you go, my suggestion is that you get an agreement signed by the father - if you don't want to go to court. If the father will not agree to sign an agreement, you should go to court.