QUESTION

I have a 2 year old daughter. My daughters mother has moved her out of the state of Illinois and will not return a phone call. Anything I can do?

Asked on Nov 14th, 2011 on Family Law - Illinois
More details to this question:
child born out of wed lock, paying child support as orderd, Mother is upset over amount of child support, Willnot have vistiation hearing until 1/23/12.
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1 ANSWER

Since there is child support referenced and a hearing is set on visitation, it would appear that you are legally recognized as the child's father.  If not, then the issue of paternity (i.e. parentage) needs to be established. If, however, you have been found to be or have admitted you are the father, you would then provided with certain rights under statute.  Included under the paternity statutory provisions and listed under section 750 ILCS 45/13.5 which details the ability of the court to provide you with injunctive relief.  The court can, upon application by either party, enjoin the party in custody of the child from temporarily and/or permanently leaving the state. If you have yet to secure an attorney, it is recommended that you do so.  There are a number of statutory factors that the court is to use is making any determining both temporary and/or permanent removal.  Due to the legal complexity of such a situation and the stakes involved - the relocation of your child, a meeting with an attorney experienced in custody/removal matters should occur at your earliest opportunity. Should you not know such an attorney, a good starting point is your local county bar association.  Most associations have referral programs that can put you in touch with an attorney experienced in such matters.
Answered on Nov 16th, 2011 at 4:48 PM

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