[iabad3231]

I'm a single mom of a 3 Yr old son. His bio father signed the birth certificate and my son has his last name. This man has seen my son a total of 5 times during this 3 years, and has never paid CS. He's definitely not part of my son's life. We haven't heard from him for the last 7 months.

I'm engaged now, and my fiancee is from TN (we live in FL). He wants us to relocate there... I'm afraid, that because of the type of man he is, once he knows I'm moving, he'll suddenly "care" and try to stop us... My question:
- Can he indeed stop us from moving to TN?
- If so, is there any type of document I can have him sign that will allow me to make that type of decisions on my own? My son is about to start pre-school, and I was thinking I could have him sign something due to him never being around... Paternity has never been established, so I'm not sure it matters...

My fiancee wants to adopt my son, but I'm positive the bio father due to his pride will never accept.

He has every right to protest and your moving his child from him. You might consider talking to an Attorney and best way to deal with this

[lwpat]

Since he signed the birth certificate and acknowleded paternity it would seem that he is the child's legal father. He can try to stop you from moving but will probalby be unsuccessful. You need to start documenting when he visits or calls. That will be important if you ever go to court over custody.

[GV70]

What if the custodial parent wants to move away from the non-custodial parent?
Where the relocation distance is small, there might not even be a material change in circumstance upon which a parent could move the court to modify an existing custody and visitation order. Since typically a material change of circumstance is required before a court will modify an existing custody or visitation order, a move across town ordinarily is an insufficient basis upon which the existing order would be changed. Although the relocation may make the visitation exchange more difficult, it may remain practical to comply with the existing order, so no change would be made.

Where the relocation distance is great, the case becomes more complex. The primary factor of best interest of the child continues to be considered along with facts such as (1) the existing custody and visitation arrangement, (2) the attachment and support of the non-custodial parent and other relatives, (3) the child's ties to the community, school, church or synagogue, and friends, and (4) the child's desires and wishes. Only a small minority of states require a custodial parent to get the written consent of the non-custodial parent or a court order based upon a finding of the court that it is in the best interest of the child to allow the move. In many states, a custodial parent can relocate if there is a valid reason for the relocation and the move does not result in harm to the child.

The ability of the child to have continuing and frequent contact with both parents, without a detrimental effect due to the relocation, is the primary consideration for a court in modifying an existing order to allow the relocation. The modified order of the court could provide additional time with the non-custodial parent during summer and other school recesses and the obligation of the custodial parent to pay the additional transportation expenses incurred in facilitating the visitation exchange. In California, the impact of a planned long-distance move on a noncustodial parent’s relationship with his children may be considered before the children can be moved out of the state. If the moveaway will detrimentally harm the relationship between a child and a parent, together with other factors, it may be sufficient to justify a change in custody to the other parent.

Custodial parents who move away with the child without providing notice to the other parent may not only face a change in custody to the other parent but also criminal charges of kidnapping. Before any move is entertained, the non-custodial parent should be informed of the impending move and an effort made to reach a mutually acceptable parenting plan based upon the proposed location of both parents.

A relocation by the custodial parent requires careful consideration of the non-custodial parent's rights as early in the planning process as possible. Move-away cases can become very difficult to resolve and court involvement can be both costly and time consuming. Thus, leaving in the dead of the night without leaving a forwarding address could have very detrimental effects to the custodial parent.