Question About Moving Child
This is a discussion on Question About Moving Child within the Family Law Questions forums, part of the Legal Questions & Answers Forum category; I have an established order to pay support for my daughter, which I gladly pay (although I get no visitation rights because, well, read below). The mother and my daughter ...
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Question About Moving Child
I have an established order to pay support for my daughter, which I gladly pay (although I get no visitation rights because, well, read below). The mother and my daughter established the support case here. One day, literally in the middle of the night, she moved to Kansas and I get a letter from them stating they are enforcing the support now, and the case will be completely moved there.
Several months go by and I cannot talk to her - I'm blocked from social profiles she has and prosecutor in Kansas won't give me phone information.
Then she decides to move to South Carolina and gets married (I made up a ghost Facebook profile and found this out). The city is Columbia yet the address of her new husband cannot be found through my efforts, even the paid efforts.
My question: Was moving like this legal and, if not, what are my legal remedies?
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Is there a court order stating that she has full legal and physical custody? If she has full custody, she can do as she wishes.
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I cannot stomach the fairness in that. Basically, you are saying that a mother can move about the country, not let you see your kids, marry as she wishes yet still demand to receive support for the child that she keeps from you - or, at least, is seemingly 'evading you' so you can't see you kid? I cannot see how a law could not exist that states if an order for support is put forth to enforce that visitation is also mandatory since visitation from both parents is vital to their upbringing, not solely monetary assistance.
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Actually there are specific laws that address this, but exactly to the contrary of what you think. Child support is a separate requirement and does not hinge on child custody. Although the way the child custody is structured may affect the amount of the child support payments, they are mutually exclusive. Even in the circumstance where a parent has visitation rights and the other parent violates the child custody order by refusing that parent to see their child, that parent must still pay child support even though the other parent is refusing to let them see their child. All of this is for the protection of the child. Child support payments are supposed to be used for the child's expenses. It would not be fair to the child any other way. I agree that it may not always be fair, but that is the law.
Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute
Legal Advice. No attorney-client relationship is established through this forum.
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Taking care of your children is obviously a very important thing and i am very excited to read some new laws in this section.
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