QUESTION
Can I move with my newborn child to another state?
Asked on Sep 14th, 2015 on Child Custody - Illinois
More details to this question:
I live with the father but we are not married. I do not work and he is mentally abusive. The cops have been called in one occasion because the neighbors heard him screaming but I had to tell the cops it was a mutual dispute. He did sign the birth certificate but we dont have a custody agreement. My son is only a week old and is exclusively breastfed. I have no family where we live and have no support system in the case that I would need to work. In the state of CA I own a home and I have family and friends who can help me take care of my child so I can work. Can I just move to CA or do I need a court order. If I do move is there any way he can force me to come back? Is there any way he can force me to stay although I would be homeless. If so can he take my child away? Please help I'm terrified of losing my child.
1 ANSWER
There is no restriction on you leaving. Do it and do not tell him. While IL is the child's home state, there is no order or limit on your ability to leave. It is possible for him to seek an order fro your return, but you have no violated any law by leaving. He may have a very difficult road to get a judge to order the child returned. He is entitled to the status at filing, which is you and the child in CA, not IL. While the case would be decided by an IL court, you appear to have a reasonable basis for moving.
Answered on Sep 16th, 2015 at 3:14 AM