Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law
This answer was rated:

I live in Texas. I currently have nothing on file (child support,

custody etc) with my daughters...
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
Show More
Show Less
Ask Your Own Family Law Question
Answered in 2 minutes by:
3/1/2013
Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
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?
Ask Your Own Family Law Question
Customer reply replied 4 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.

Ask Your Own Family Law Question
Customer reply replied 4 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.

Ask Your Own Family Law Question
Customer reply replied 4 years ago


thank you

Melanie,

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!

Dimitry K., Esq.
Category: Family Law
Satisfied Customers: 41,221
Experience: I provide family and divorce law advice to my clients in my firm.
Verified
Dimitry K., Esq. and 87 other Family Law Specialists are ready to help you
Ask your own question now
Ask Dimitry K., Esq. Your Own Question
Dimitry K., Esq.
Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41,221
41,221 Satisfied Customers
Experience: I provide family and divorce law advice to my clients in my firm.

Dimitry K., Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

41,221 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I am looking at having parental rights terminated for the
I am looking at having parental rights terminated for the father of my son how can I go about doing this as he has not paid support since Aug and has abonded my son … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Can a father give up parental rights to an ADULT child to
Can a father give up parental rights to an ADULT child to stop paying child support arrearages? … read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
It's regarding a judgment for arrears on child support in
It's regarding a judgment for arrears on child support in Texas … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
If someone does not pay child support and they are
If someone does not pay child support and they are remarried, and claim to be unemployed, but their spouse is employed, can child support be collected using their new spouse's income? This is in Flori… read more
LegalGems
LegalGems
Juris Doctorate
10,718 satisfied customers
How can you apply for modification in child support in the
how can you apply for modification in child support in the state of Florida if your job has changed your income … read more
KLAW
KLAW
Juris Doctorate
1,770 satisfied customers
Illinois Statute of limitations on Back Child Support
Illinois Statute of limitations on Back Child Support Payments Arrears No statute of limitation after 7/1/97, the law limited enforcement of past-due child support judgements to 20 years. Therefore, a… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,693 satisfied customers
What is the age of discontinuing child support if in
what is the age of discontinuing child support if in college … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
If a custodial parent (who receives child support) in Orange
If a custodial parent (who receives child support) in Orange County Florida decides to relocate with a minor child out of state is that parent(1) required to notify the court, (2) required to gain the… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
I have temp sole custody of my grand daughter my lawyer is
I have temp sole custody of my grand daughter my lawyer is currently out of the country and is un reachable. I have had problems with my son over the last week. I have permanent resisdency. There is n… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
If a parents rights are terminated on one child, are they
If a parents rights are terminated on one child, are they automatically terminated on other siblings … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,170 satisfied customers
This a child support question, I am paying child support an
This a child support question, I am paying child support an my child is graduating from high school May 2018 starting college August 2018 and plan on live on campus. My Ex who has physical custody is … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,811 satisfied customers
Custody battle. I have sole custody. He is fighting for
long custody battle. I have sole custody. He is fighting for joint. Been doing this for two years. At our hearing yesterday he asked for a formal order of paternity as they were having trouble getting… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
This is about a child support modification that was
This is about a child support modification that was initiated by another party. The other party asked to transfer the case to a different county in Texas, I e-filed what I titled Custodial Parent's re… read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
I am trying to gather information about seeking sole custody
Hi there! I am trying to gather information about seeking sole custody of my son after his biological father has been out of contact. … read more
lawyerJ
lawyerJ
Juris Doctorate
145 satisfied customers
What is necessary for a parent to obtain sole custody of a
What is necessary for a parent to obtain sole custody of a child who is receiving financial support from Social Security? … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,303 satisfied customers
My daughter's husband has filed for sole custody of their
My daughter's husband has filed for sole custody of their children. Why would the courts give sole custody to one parent? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,888 satisfied customers
Child support, il, searching, contacted for child support.
child support JA: Because family law varies from place to place, can you tell me what state this is in? Customer: il JA: Have you talked to a lawyer yet? Customer: searching JA: Anything else you want… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,377 satisfied customers
Parental kidnapping. They have been hiding since Easter.
Parental kidnapping. They have been hiding since Easter. Police keep saying they can't do anything. I filed charges today. They say a detective must sign off it. Her new friend is derective. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x