I need to have a question answered quickly. I am a single mother of a 2yo living in Charlotte, NC. The father is rarely in the picture, meaning he only sees our child when he finds the time. He does keep some personal items at my apartment and usually comes during the day to shower and change then he’s gone again. I rarely see him when I get home from work. I am a responsible, hardworking person, I have my child in daycare, we have an apartment, I do everything I can to stay off welfare and have been very successful in doing so. I make just enough money to make ends meet. My parents have been assisting me when I need extra money and have been on and off for 2 years. The father does not work, does not pay child support, he is a felon – recently getting out of jail in October 08. He has a record including abusive actions towards women, drugs, suspended license and theft. He is verbally abusive to me around our child when he happens to come around. Back in 07, I filed a restraining order against the father for abuse and was given full custody of our child since the baby was present when the abuse happened. The restraining order was issued for my child and me for 30 days, but not sure if this full custody is still in effect today. All my family is in another state and I have absolutely no family support from his side here in Charlotte. My question is; I want to move to another state where my family lives. They are willing to help me with my child so I can go to college and get a degree. They will provide financial support and a place to live while I am in school. I really want to do this for the sake of my child’s future and mine, but not sure what my rights are. Do I need to file anything before I go, or can I just leave? I doubt if the father will put up a fuss, and if he does – what are his chances with his history that he will get any form of custody and keep me in Charlotte?

Were you and the father legally married when the child was born?

Has he been established legally as the father of the child? (paternity test, signed birth cert, etc)?

Are there any court orders pertaining to visitation, custody or support already in place?

These answers will help others here who can offer you some guidance....

Amy

No, we have never been married.
Yes, he is listed on the birth certificate.
Absolutely no court orders exist.

No, we have never been married.
Yes, he is listed on the birth certificate.
Absolutely no court orders exist.

Since there aren't any court orders, you can move if you wish.
Of course, the father will have the legal right to file in NC to establish custody and visitation. If he does, it's possible that the court would order you to bring your child back to NC.

If he does not file, and you establish legal residency, you can file in your new state to establish custody, and CS.