Her father is on the birth certificate but has made no attempts to see her since she was one and saw her last when his mother asked to see her on Easter when she was two. He hasn't paid child support going on two years in May and even then he didn't really pay when he's been court ordered to. He has domestic violence on record and also recently went to treatment for heroin addiction. I'm worried he'll be a bad influence in her life and possibly he a danger to her if he gets angry. I'm afraid of him and want to start over in a new state to better my daughter's and my life.
In North Dakota, permission for an out-of-state move is required by either the non-custodial parent or the Court if there has been an award of parenting time via a court order. If not, you do not need permission to move out-of-state. Keep in mind, however, that your daughter's father could always bring an action to establish residential responsibility (custody) or parenting time (visitation), and you moving does not remove that right. You should speak with a family law attorney about your options and possible consequences.
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