How to Obtain Child Support After Relocating From the Father's State of Residence

yes, license got switched over about a week and a half ago.

I know that outcomes can vary widely, and that there are many factors that can determine custody/child support issues, but I'm finding a lot of mixed information about all of this.
I know that after 6 months, WV will hold jurisdiction for child support matters. Will they also handle custody?
My child will be 1 years old at this time. Is supervised visitation most likely? He has a hefty record and has never put forth an ounce of effort or interest in our son.

I don't mean to come off as a woman scorned, and I want my child to know his father, but would feel more comfortable with supervised visitation initially. Who pays transportation costs? How does retroactive child support work? Is there any chance that we will have a split custody arrangement across state lines?

I have so many questions.

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Quoting SingleMom555

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I know that outcomes can vary widely, and that there are many factors that can determine custody/child support issues, but I'm finding a lot of mixed information about all of this.
I know that after 6 months, WV will hold jurisdiction for child support matters. Will they also handle custody?

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Unless he files elsewhere before you've been there 6 months, it will in WV.

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My child will be 1 years old at this time. Is supervised visitation most likely? He has a hefty record and has never put forth an ounce of effort or interest in our son.

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If he hasn't bothered, then you can absolutely requested a graduated step-up plan where he'd start out supervised,.

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I don't mean to come off as a woman scorned, and I want my child to know his father, but would feel more comfortable with supervised visitation initially. Who pays transportation costs?

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That can vary - sometimes the person making the move is responsible for it all, but that really doesn't apply here if visitation is going to be supervised because for the short term at least he's going to be visiting in your state.

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How does retroactive child support work?

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If you ask for it, the court can make it retro to birth. But you must ask for it.

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Is there any chance that we will have a split custody arrangement across state lines?

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Honestly? Not a chance, unless you live in bordering towns and you both agree to it.

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I have so many questions.

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Never a bad idea to ask 'em!

thank you, Dogmatique!

now, if by some chance that he does seek an arrangement prior to the 6 month period, are there any odds in my favor that our relocation will be approved?

it's been 14 or 15 months since we've exchanged a single word. Relocating up here was expensive, and funding a trip back to FL would put me in a very bad situation financially. it could potentially make us homeless.

also, I have screen shots saved of our final text conversations saved. the jist of these conversations are basically along the lines of 'I'm not helping you. I'll sign my rights over. F*** you." "I hope you have a miscarriage" and threatening things like "you thought I was crazy before? I'll be in jail before breakfast." etc. etc.

A real winner, right? Sigh...

Caution...I think WV requires one year not 6 mos for residency purposes..at least double check.
In general Dad has zero rights and zero duties until such time a paternity is determined by relevant law and he is,ordered to pay etc. ,

Dad might be able,to beat you to file if he files inside of Fl 6 mos .....and you would be smart NOT to educate Dad and to get counsel in WV to assist you with your best options ...

if he is unable to pay it makes little sense to trigger any rights that might be in his favor.
Each state has some separate look back rules as to child support .whether it's to date of filing, date of service, or date of birth ....review it with counsel.

It is 1 year for me to become a WV resident, but I thought that after 6 months, WV would hold jurisdiction for child support and custody?

Any clarification would be greatly appreciated!!

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Also, this is pulled from the UIFSA on the West Virginia Legislatures website:

"(4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period."

My question is what does "A period of temporary absence of any of them is counted as part of the six-month or other period." mean?

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Quoting HRinDEVON

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Caution...I think WV requires one year not 6 mos for residency purposes..at least double check.

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See the attorney's response.

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In general Dad has zero rights and zero duties until such time a paternity is determined by relevant law and he is,ordered to pay etc. ,

Dad might be able,to beat you to file if he files inside of Fl 6 mos .....and you would be smart NOT to educate Dad and to get counsel in WV to assist you with your best options ...

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He really won't.

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if he is unable to pay it makes little sense to trigger any rights that might be in his favor.
Each state has some separate look back rules as to child support .whether it's to date of filing, date of service, or date of birth ....review it with counsel.

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Pretty sure that's already been covered.

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Quoting SingleMom555

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It is 1 year for me to become a WV resident, but I thought that after 6 months, WV would hold jurisdiction for child support and custody?

Any clarification would be greatly appreciated!!

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Also, this is pulled from the UIFSA on the West Virginia Legislatures website:

"(4) "Home state" means the state in which a child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding the time of filing of a petition or comparable pleading for support and, if a child is less than six months old, the state in which the child lived from birth with any of them. A period of temporary absence of any of them is counted as part of the six-month or other period."

My question is what does "A period of temporary absence of any of them is counted as part of the six-month or other period." mean?

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Hon, he hasn't bothered so far. The onus is on him - and even if he filed in the next 20 minutes, by the time it gets to court, the issue will be moot.

I have no clue how to address time count and temporary absence....discuss it with counsel if timelines are close.

You may well be right that 6 mos is the critical timeline as to the childs residency under the uniform act.
But there remain issues of the timeline and first to file ...and you would be wiser to have WV counsel on your timelines..and stay off social media and any discussions with dad or friends that might alert him to file first in FL before you hit the WV timeline and-or cease to be subject to FL jurisdiction

It IS possible for Dad to suddenly get a bug up his backside and file for ... whatever ... in Florida. I say that because as most of us know, there's always one...

But to what end? Mom has relocated. She has relocated legally, so let's explore that situation a bit more. Let's say that Dad files for custody in FL and he wants to object to the relocation. Well, here's the thing. When this happens, the court has two options:

1. Allow the relocation or
2. If Mom wants to move regardless, hand over custody to Dad.

This is a very young infant who knows no other caregiver than his mother. What do you think the chances are of the court justifying a change of custody? An absent father who suddenly springs up after Mom has filed for child support is not going to impress the court. But let's assume that he's on the up and up. What are his reasons for objecting?

Now for the sake of my whims, I'd like to remind everyone of a certain poster we know as Spinny. Or, "signspinner". This is what happened:

Spinny and Mom (unwed) lived in Florida, and their child was born and lived in Florida her whole life (IIRC, she was about 3 years old at the time). One day, he came home from work and found... POOF! Mama had taken the child and moved to Wisconsin (her home-state). And it was, literally, while he was at work.

Sounds easy, right? Shoulda been a walk in the park to get the kid back, yeah? Paternity was already established, after all.

Not so much. After much ado, Florida eventually relinquished jurisdiction to Wisconsin. What ensued was a mess of epic proportions, and two notable elements were the original GAL stepping down and obtaining a restraining order against Dad (!) which doesn't expire until 2017, and the eventual custody determination.

To wit...

Mom got sole legal and physical. Dad received what is the most restrictive parenting plan I've ever seen outside of abuse/neglect cases.

Supervised at all times.
Dad must provide proof of his own travel itinerary, including hotel and flight information (he pays for everything - supervision included)
Cannot mention Mom, her husband, or Kiddo's homelife.
All conversation should be guided by the child, and spoken within earshot of the supervisor.
No rough-housing or tickling the child, and Dad cannot take child to the bathroom.
No non-approved food items.
No cameras, video recorders or voice recorders.

The supervisor can end visitation without makeup time if s/he believes the visit is not in the best interests of the child.

(Did I miss anything?)

(It was also pretty funny that he started to address me as "Maureen", which just so happened to be the name of Mom's attorney)


And again, he was already established as Dad AND Mom upped and left without notice.

Perspective and experience do help.

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Darn it, I knew I'd left something out

Per my usual resources, his visitation is currently suspended and has been for quite some time. Kiddo is now what... 8?

Dogmatique, thank you.
I'm sleeping in peace tonight.

I'll keep this thread updated as questions come up, as they surely will, but thank you. seriously.

Any other tips or advice for the meantime?