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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I live in Texas. I currently have nothing on file (child support,

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I live in Texas. I currently have nothing on file (child support, custody etc) with my daughters father. I am engaged to a military man and he has ben stationed to VA. I want to move but my daughters father is not agreeing to it. He only sees her now while we live in the same state once or twice a week. My daughter is 8, and he has not paid child support legally in the 5 years we have been apart. He helps here and there when it is convenient for him. I have always been the fulltime parent. I am more than willing to give him his rights and send her to see him as often as possible. What are my options. My fiance has already left being that he has a time frame and i would like to go as soon as i can. Please help
Thank you for your question. Please permit me to assist you with your concerns.

Just to be clear, there is currently no court order or a custodial order in place of any kind, correct?
Customer: replied 3 years ago.

that is correct

Thank you for your follow-up, Melanie.

The answer I am going to provide you is likely not the one you were hoping on hearing, so kindly do not blame the proverbial messenger if that is the case. I am here to provide you with the right answer, even if potentially unwelcome, since it can assist you with your future options going forward.

Currently, if both you and the other party are on the birth certificate, you have exactly identical co-equal parental rights. Either parent is able to make legal decisions, take the child out of state, and withhold access. NEITHER parent can deny the other parent the right to move elsewhere unless there is a claim of parental kidnapping, that is, there is a legitimate concern that the first parent will not return back with the child. Then the other parent can go to court and seek temporary emergency custody as well as potentially file criminal charges for kidnapping. Technically until that is done either parent is free to leave since court orders tend to deny or limit rights, they do not grant them, but I am concerned that there is chance that if you end up leaving, he will take the route I described above. It is likely if he has done his homework and knows the law but if he is not sophisticated, you may be able to simply leave and hope that he does not contact or pursue. Otherwise your only real option is to file in court yourself for sole custody and right to relocate so that the courts can grant you the ability to move out.

Good luck.

Customer: replied 3 years ago.

Thank you,


What are my chances of being given the legal right to relocate? Although I'm sure all cases vary, is it a long process? Does being married to military (my finace) help me out at all nring that he has orders out of state?

Thank you for your follow-up, Melanie.

The right to relocate is the 'default' right--it is a right you already possess since there is no court order denying you the ability to move out. Consequently the right to relocate if you can show that the other parent was neglectful and failed to provide support or care will be fairly easy to obtain. The downside of the courts is that it is complicated and may take 3-6 months to play out. Being married will not help here because while you personally can leave at any time, the other parent could argue that taking the child from him will affect his relationship and could affect her stability and is therefore not in the child's best interest.

Good luck.

Customer: replied 3 years ago.

thank you


You are most welcome. If satisfied with my assistance, kindly do not forget to positively rate my answers to you so that I may be compensated for my help. Thank you!

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