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Roger, Attorney
Category: Family Law
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I currently live in Washington and my kids and I are planning

Resolved Question:

I currently live in Washington and my kids and I are planning on moving to Louisiana. I have a written parenting plan signed by my kids father giving me full custody and am going through child support enforcement for child support, which my kids father hasn't paid in nearly 2 years. Is it still legal for me to move with my children away from thier father without his approval?
Submitted: 7 years ago.
Category: Family Law
Expert:  Roger replied 7 years ago.

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.



Customer: replied 7 years ago.

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?

Expert:  Roger replied 7 years ago.

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.

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