Your question does not indicate how long you were in FL, or how long you and the child have been in IL. The amount of time is important, as it may affect which State has jurisdiction to determine the issues in the event either of you file an action in court. Generally, to file the action in FL, you and the child would need to have been residents of the State for six (6) months or more. If you had been, and have been out of the State of FL for less than six (6) months, it may be possible for you to file an action in FL if you return, as FL might still be considered the home state of the child pursuant to the UCCJEA, an interstate compact of law that applies to situations like yours. Generally, in the absence of a court order or written agreement to the contrary, there is nothing preventing you from returning to FL. However, if you have been in IL for more than the length of time IL law sets as necessary to establish jurisdiction there, you could possible be ordered to return the child to IL if you leave. You should consult with an IL family law attorney to obtain the answers to these questions.
Answered on Nov 21st, 2013 at 6:42 AM