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Child custody and removal across state lines?

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:

Does anyone know what would happen to me if i decided not to file a claim and moved out of state anyway? say if i were to move out of state and he decides he doesnt like that and files a claim against me after i was already a legal resident of my new state?

3 Answers

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  • 1 decade ago
    Favorite Answer

    Tell him he gets to have a say when he pays for his kids. If I were you I'd avoid court and tell him if he clears off and doesn't ask you for anything, you won't pursue a claim for child support. This guy sounds like a loser and you and your child are better off without him. Good luck with your aspirations, hope your new husband is better than your ex! : )

  • 1 decade ago

    File for child support. That way the court will tell him what is happening and not him telling you. If he decides to move, HE is responsible for the costs to visit the child. Not you. Then when you are ready to move, you inform the court. Since he is already relocated, and probably won't be involved, there should be not be a problem in you relocating to better your life and education.

  • 1 decade ago

    1, You´re under no obligation to pay his moving costs

    2. If you take him to court, he may win partial custody or at least visitation, in which case the court will limit the distance you can move (they may say that you cannot move more than X miles from the child´s father). However, if he is willfully moving the court may not limit you in this manner. Your lawyer will better guide you.

    3. You may be better off resolving things with him on your own rather than going through legal channels.

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