How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31692
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
6704987
Type Your Family Law Question Here...
Roger is online now
A new question is answered every 9 seconds

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.

Roger and 2 other Family Law Specialists are ready to help you