Moving out of country...

[ANAYALA]

My husband and I are considering moving to Canada. I have a five year old son from a previous relationship. His father and I were never married and I have been the sole custodian of the child since birth. There has been no legal custody determined, and the father visits the son very rarely. He has been ordered by the state to pay child support through wage garnishment, however, he rarely keeps a job long enough to pay. He is in arrears of $7061.84 in child support, as of today. His grandmother (the father's mother)does visit my son regularly and would be very upset about the move. I believe that she would do anything in her power to keep us in Missouri, and she has the financial resources to help her son. What legal rights do I have to move with my son and what can the gradmother and father do to prevent this?

 

[Duranie]

Yes they can prevent the move. You need to read your custody order and see what it says. Moving without going to court would be very unwise. You are going to have to prove the move is in the childs best interest.

 

[ANAYALA]

There is no custody order. We have never been to court. I arranged for child support through the Department of Social Services.

 

[Duranie]

Dad still has rights. If there is no custody order then that is unusual, but dad could file for custody if you move since his state would have jurisdiction.