Do I have to inform my child’s estranged biological father that we’re moving states?

If you are not married to your child’s father, do not have an official custody arrangement set up by the court, and there is no support being paid, you may not necessarily have to inform him that you are moving the child out of state. However, you may have to in certain cases. Whether or not you do depends on the laws where you live.

The Rules for Moving Out of State

In custody cases where an organized agreement is in place, one of the stipulations is that the child cannot be moved out of state without the knowledge and consent of the non-custodial parent. In some states, this is the case no matter what, provided the father can be contacted and is not deceased or unknown.

This means, depending on where you live, even if the father is barely involved, you may still have to get his consent for an intrastate move if he has not waived all of his parental rights in writing. In some areas, the law provides even more protection for fathers, and states that if the father did not have rights of approval before, he will get them if he decides to file for them within ten days after he is notified of the move.

If the Father Does not Agree to the Move

Since the father must be notified, and he has the right to contest the move in many states, an issue may arise where a biological father does go to court and petition to prevent you from moving. If this occurs, then the court will make a determination about whether or not you may move based on the best interests of the child. If the non-custodial parent has had no involvement in the child’s life up until that point, then the court may deem it in the child’s best interests to continue residing with the mother and to move with the mother to her new home. In such cases, the court would then grant the mother permission to move, despite the father’s objections.

Case Studies: Moving Out of State and Informing the Child’s Biological Father

Case Study 1: No Official Custody Arrangement or Support

The parents are not married, there is no official custody arrangement established by the court, and no child support is being paid.

Depending on the laws of the jurisdiction, the mother may not be required to inform the child’s biological father about the planned move. However, it is crucial to consult the specific laws in your state to determine the legal requirements.

Case Study 2: Organized Custody Agreement in Place

There is an organized custody agreement between the parents, specifying that the child cannot be moved out of state without the knowledge and consent of the non-custodial parent.

In many states, this requirement applies even if the non-custodial parent is minimally involved. The mother would need to obtain the father’s consent before moving the child out of state, unless he has waived his parental rights in writing.

Case Study 3: Father Objects to the Move

Suppose the biological father objects to the planned move and decides to take the matter to court. The court will assess the best interests of the child before making a decision.

If the non-custodial parent has had little or no involvement in the child’s life, the court may rule in favor of the custodial parent and grant permission for the move, considering it in the child’s best interests.