I was told by someone that i cannot move interstate with my son without permission from his biological father. My sons father left before he was born and he himself then moved interstate, there are no court orders in place and there are no visitation orders in place. He has only ever seen his son 3 times since he was born, once at 6 weeks of age, once at 5 months of age and then 10 months of age, my son is now 4 years old and he has made no effort to see him since he was 10 months old, despite me offering to pay for his travel expenses or travel to him (i encouraged him to be apart of his sons life for a long time, but over the years came to realise that he just doesnt want to be) Ill be moving in a few months time due to my partners work (my partner is dad to my son, they have a great bond)...anyway, if there are no court orders or anything of that nature in place, do i need his permission to move, when he already lives in a different state as it is?
2 Replies
Technically if you moved states (and he was living in the same state) he could file recovery orders to have your son brought back to the state you both live in.
He already lives in a different state and has not shown any interest in the child. So if he did bother to file orders the judge would most likely laugh him out of court!
You can absolutely move states without his permission in your case. Just like I moved states twice! My sons bio father was oblivious to the fact we'd moved as had shown no interest in our child for years.
Unless you contact him he probably wouldn't even Know and he isn't going to spend money on taking you to court at this stage.
Do what's best for you and your son.
Yes, don't mention it and leave. He did it, you can too. The fact that he's shown no interest speaks volumes and you should / can be wherever you want to be.