If there is no order allowing you to move you can not move. Keep in mind dad can always take you to court and require you to move back since this would interfere with his visitation with the child.
Your best route is to sit down and talk to dad. Let him know why you would like to move and ask him if he would be ok with it. If he has no issues, then get him to sign a letter stating he gives you permission to move. Getting this notarized would be a great idea as well.
If dad is refusing to allow you to go, then you will want to petition the courts for the right to move. You can explain that your family is in a different state and can provide the child with emotional and financial support as well as yourself. If you have a job offer there that would be a bigger push in your direction.
In the end it is up to the judge, you can mention that dad is not exercising all of his visitation rights and never takes the child except one day every two weeks. You can explain to the judge that you are willing to allow him to visit regardless of where you are. Keep in mind if the judge approves this he will likely order you to pay all travel expenses for the visitation since you are requesting the move.
You can petition the courts with either a lawyer or on your own. If you wish to go on your own you will need to pick up modification forms at your local law library. Sometimes these can also be found at the court house. You can purchase a packet online, these download to your computer and come complete with instructions on filling them out as well as filing them. Here is a link if this is something you are interested in: State Specific - Custody/Visitation Modification Forms with Instructions
I wish you the best with this situation,
Walter
__________________
If you are satisfied with my answer please click the *accept button* so I receive Credit for my answer.
**Please consider leaving feedback about me!**
