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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).