QUESTION

Can I move away with our son without the father's written permission and how a custody battle works in court?

Asked on Nov 18th, 2013 on Child Custody - Illinois
More details to this question:
I used to live in the state of FL with my daughter since she was 3 years old. I came back to IL. My daughter's father and I live together now but are not married. It's not a happy relationship and we need to leave, but he (my daughterโ€™s daddy) won't give me permission to take my daughter out of state and says that it's kidnapping if I do, that in court he could prove me an unfit mother but Iโ€™m the main caretaker of our baby who is happy and very healthy.
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4 ANSWERS

Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You need to ask an attorney in IL all of your questions, since that is where the court case will take place.
Answered on Nov 21st, 2013 at 9:58 AM

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The analysis must start with the question of whether there is an order of support entered against him, either by a court or an administrative agency, If the answer is no, then where was the child born and is he on the birth certificate? If no court action was filed there is no restriction on you leaving the state. You do not need his permission. If there was a court action filed, then you need the court's permission to leave the state. You can not kidnap your own child if there is no legal restriction on you leaving.
Answered on Nov 21st, 2013 at 6:43 AM

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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

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Divorce and Family Law Attorney serving Hillside, IL
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The answer to your question depends on whether your daughter's father signed a "Voluntary Acknowledgment Of Paternity" document around the time the daughter was born. If he did, you can't relocate the child unless you obtain either an agreed court order permitting you to relocate signed by both the father & a domestic relations judge, or a court order permitting you to relocate signed by a domestic relations judge, if the judge determines that such a move would be in the child's best interest. If he did not, you can relocate the child without any court order or permission from the father. A skilled domestic relations attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need, & a quote to represent you. Schedule a consultation ASAP. Once the matter has been resolved to your satisfaction, you'll be glad you paid the money to hire an experienced attorney & properly protect your, & your daughter's, legal interests.
Answered on Nov 21st, 2013 at 6:41 AM

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