I have full custody of my 11 month old and his father has visitation, am I able to move out of state?

Question

My son is 11 months old and he lives with me. His father has visitation one weekend day every weekend until he is a year old and then it will turn to the standard everyother weekend- friday night to sunday afternoon. I am originally from NJ and the pay scale is much greater. I am considering relocating back so I can support me and my son better. I currently live in TN. Can I relocate since I am the custodial parent?

Answer 1

You need to check the custody arrangement given by the court.  If you move that far away it will become a hardship on him to visit.  The court might tell you no.  If you move without consulting the court or even a custody attorney, you can be arrested for violating the court order..../

Answer 2

yes you can, since you have full custody of the child. As long as the father is able to continue his visitation routine.

Answer 3

Look at the custody order and see if it prevents you from moving out of state.  If not, then I'm sure you're free to go.

Be careful about moving to NJ just because the pay scale is higher.  NJ has the highest state tax in the country and the cost of living is very high.  You might find yourself with less money to live on if you move.  On the other hand, if you have family that can help you out with finances and child care, that would be a reason to move there.  Also, consider whether or not the father of your baby is a good guy and if he is interested in being a father.  If he's helping with child care and is paying child support, you might want to think more carefully before you move.  In any case, do what is best for all concerned.

Answer 4

This is a free country, and you can move to anywhere you want. The visitation arrangement will have to be reworked, but it is done everyday. It will probably be changed to summer visitation with the father.

Answer 5

Depends on the current custody agreement and whether the father moves to reopen the agreement and perhaps request that you move but he be granted custody.  A court would look to the best interests of the child to decide.  

Few things to consider though - I'm guessing that you have a child support order from TN.  TN child support is probably less than NJ support but TN would continue to have jurisdiction over the support amount.  Pay may be better in NJ, so would expenses - so if the "net" paycheck is the same and you're actually getting less support, you'd have to convince the court that depriving the child of having a relationship with his father is in the child's best interest.

Answer 6

NO, actually my father is in a custody battle right now, and it doesn't matter who has primary custody, which ever parent makes the most bread... .gets to choose where you all live.  

Answer 7

You need to read your visitation agreement, highly probable it has a clause about the custodial parent moving out of state, if such a provision then both parties would need to agree, if not you will have to seek court approval to move if the father will not agree