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Child custody and removal across state lines?

I live in the state of Illinois. I have a 3 year old child born out of wedlock and I am about to take my ex to court for sole custody/ visitation for him, no child support. He's informed me that he will be moving out of state within the month. He'll be moving roughly between 90-100 mi away and expects me to pay half the transportation costs. He is not moving for employment reasons, he is moving at will to move in with his new girlfriend who currently resides there. I reside in his hometown, which is not my hometown, where i have remained in attempt to keep our son in close proximity to his father even though it has been less than a desirable location in terms of employment, education and all around opportunity. My son has been primarily in my care for the last two years. His father visits him inconsistently, usually when its most convenient for him, with no specific set days or times, just when he's ready to take him for a couple days. Sometimes he see's him weekly, sometimes he goes 2 + weeks without seeing him at all. He has not paid child support or offered any financial assistance for anything. I provide all things, including babysitting fee's and day care. He is currently unemployed, has a very unstable, unreliable employment history and has been unemployed most of the time for the past 3 years of my sons life. He has relocated 3 times since our separation.

I am recently remarried and pregnant with baby number two. My husband has family in AZ and NE, and we both have dreams to pursue an education and career in fields that are not generally popular in the state of IL. Sometime in the future I have aspirations to go to college and get a degree in alternative medicine, a career choice that is not the most successful in southern IL. My husband is a certified organic-sustainable home builder and gardener and someday we'd like to relocate and build an eco-friendly home for our family in the area where I can earn my degree and pursue my desired career. I'm aware of the laws regarding removal of a non-marital child from the state, but how would this affect my situation if my childs father has already moved out of state without legal permission or consent and all other said conditions previously listed?

Like I said, we have no intention of moving any time soon but what if we wanted to in the future? Yes, i have contacted a lawyer, i am still waiting for a call back and im just to anxious to wait for answers.

Update:

thanks dekayow- What if i didnt file for custody and there were no restrictions and i decided to move out of state. What would happen legally? What would happen if he decided to take ME to court after i was already a legal resident of my new state?

2 Answers

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  • ?
    Lv 6
    1 decade ago
    Favorite Answer

    If neither of you has been to court to establish custody, then neither of you has any restrictions. You might be better off to just keep it that way. Not go to court, so you both have no restrictions.

    If you think you have a very good chance of getting full custody and can get it arranged where his visitation must take place where the child lives, then that would be really good. However, how much do you trust your ex to not run off with your child? You might consider trying to say that visitation must be supervised, but on the other hand that might just make him angry.

    Good luck. Keep working hard toward your goals. Chances are that your ex will end up visiting less and less, eventually loosing touch nearly altogether. You probably wouldn't be making that many trips.

  • ?
    Lv 4
    4 years ago

    document for new child help. That way the court docket will tell him what's happening and not him telling you. If he comes to a decision to go, he's in charge for the expenses to pass to the youngster. no longer you. Then once you're arranged to go, you tell the court docket. considering he's already relocated, and in all possibilities are high high in simple terms no longer in touch, there must be no longer be a difficulty in you moving to extra effective your existence and practise.

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