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Moving out-of-welock child out of state

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TRP08

Junior Member
What is the name of your state (only U.S. law)? Illinois

I am just recently married and wanting to move my five-year-old daughter to Kentucky. Her father and I have not been together for nearly 5 years now. We were never married and up until a little over a year now, he was not paying child support. He was never in her life and my new husband has picked up the pieces. Just this past year, my ex has been keeping her on a regular basis (2 nights a week)...for the most part. I've caught him in lies. He tells me he is keeping her and I find out his mother did instead. My husband and I have a house in Kentucky, almost exactly an hour and a half from where my daughter and I previously lived.

What rights do I have to move her out of state? My ex told me that I would have to get a Mediator in order to decide what was best for our daughter.

I moved to Kentucky for several reasons. My husband is originally from Kentucky and has a very good job, making better money than he could have found in Illinois. I, myself, recently found employment in a school system. My wages are better than they were in Illinois.

I realize that I am taking my daughter away from my family and my ex's family, but our visitation agreements have been very open. We never went to court over visitation. We do not have any legally binding contracts or court orders stating any rights to visitation or custody. Paternity was just written down at the hospital, neither of us had any reason to doubt paternity. The only thing that went to court was child support and neither of us had to be present. It was written up, signed and that was it. I am very open to letting him keep her on days when she is out of school and on weekends. The only problem with weekends right now is that he works 12's on Saturdays and Sundays. But, with her school schedule, she will be off on a lot of Mondays and Tuesdays and those are his days off so, it sort of works out because he never kept her on weekends.

My question is: Can he keep me from moving her out of state? Is there anything I can do that can help me with this process? Any advice at all would be helpful!
 


Ohiogal

Queen Bee
You can most likely move and then he can rush to court and ask that the child be returned due to the fact that you have NOT received court's permission and he objects. You would then most likely be required to return the child to Illinois until such time as the court gives you permission to move. Dad is spending time with his child two nights a week or thereabouts. He has a consistent part of her life. How do you plan to continue that if you move? New hubby doesn't count by the way.
 

LdiJ

Senior Member
You can most likely move and then he can rush to court and ask that the child be returned due to the fact that you have NOT received court's permission and he objects. You would then most likely be required to return the child to Illinois until such time as the court gives you permission to move. Dad is spending time with his child two nights a week or thereabouts. He has a consistent part of her life. How do you plan to continue that if you move? New hubby doesn't count by the way.
Well, in this instance, the way that the IL law is written she doesn't need court permission to move, since there are no custody or visitation orders in place.

However, I do agree that dad could rush to court on the issue and its possible that she could be ordered to return the child to IL pending a decision by the court. However, its also possible that dad could simply be given temporary visitation orders based on status quo, which would be difficult to adhere to if the child is in school.
 

TRP08

Junior Member
I do not see her father going to court if I put her in school down here. It is about an hour drive for him, all Interstate. My husband and I both have stable jobs and I have a steady shift. Plus working for the school systems, I am off any day that my daughter would be off. I will be able to drop her off in the morning and pick her up in the afternoon. My ex has a steady job also, but his shift changes constantly. His schedule is supposed to be Th-Sun and every other Wednesday. But this week he had to pick up an extra shift. I just want to make sure before I move her that I do not have a whole lot to worry about. My biggest fear is that he will get custody of her, which from everything that has gone on since she was born, I do not see how that would or could happen. I lived with my parents when I had her and the first 4 1/2 years of her life I did everything for her with some help from my parents. He did not pay child support. He only got her clothes and toys three times a year...Christmas, her birthday, and for back-to-school.

My ex also mentioned something about me needing to get a mediator to decide what was best for our daughter. Is that true?
 

Ohiogal

Queen Bee
I do not see her father going to court if I put her in school down here. It is about an hour drive for him, all Interstate. My husband and I both have stable jobs and I have a steady shift. Plus working for the school systems, I am off any day that my daughter would be off. I will be able to drop her off in the morning and pick her up in the afternoon. My ex has a steady job also, but his shift changes constantly. His schedule is supposed to be Th-Sun and every other Wednesday. But this week he had to pick up an extra shift. I just want to make sure before I move her that I do not have a whole lot to worry about. My biggest fear is that he will get custody of her, which from everything that has gone on since she was born, I do not see how that would or could happen. I lived with my parents when I had her and the first 4 1/2 years of her life I did everything for her with some help from my parents. He did not pay child support. He only got her clothes and toys three times a year...Christmas, her birthday, and for back-to-school.

My ex also mentioned something about me needing to get a mediator to decide what was best for our daughter. Is that true?

Without a court order he doesn't have to pay child support. Do you have court ordered support now? If not, is he even the legal father of the child?
 

mommyof4

Senior Member
Are you planning on moving or have you already moved? I ask because:

I am just recently married and wanting to move my five-year-old daughter to Kentucky.
But THEN:

I moved to Kentucky for several reasons. My husband is originally from Kentucky and has a very good job, making better money than he could have found in Illinois. I, myself, recently found employment in a school system. My wages are better than they were in Illinois.
So, where are you and where is your daughter? If you have already moved with your daughter, how long ago?
 

TRP08

Junior Member
I just got a job a couple of weeks ago here in Kentucky and my husband and I just married a little over 2 weeks ago so I am already living down here. My daughter lives in Illinois right now with my parents part of the week and her father on the first two days of the week. I was waiting until her quarter at school was up. I drive to my parents on Fridays or they have met me half way get her. But this has just been going on for a couple of weeks. It's tough, but I want to make sure I go through the right steps and not mess up any chances of being able to move her down here. The only downside is that I'm afraid her not staying with me is going to look bad on my part. I just want to do what's best for her.

And again, just to clarify, we have a court order for child support, but nothing for visitation nor do we have any documentation that states paternity other than the paper we both signed at the hospital the day after our daughter was born that said my ex was the biological father.
 
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Ohiogal

Queen Bee
I just got a job a couple of weeks ago here in Kentucky and my husband and I just married a little over 2 weeks ago so I am already living down here. My daughter lives in Illinois right now with my parents part of the week and her father on the first two days of the week. I was waiting until her quarter at school was up. I drive to my parents on Fridays or they have met me half way get her. But this has just been going on for a couple of weeks. It's tough, but I want to make sure I go through the right steps and not mess up any chances of being able to move her down here. The only downside is that I'm afraid her not staying with me is going to look bad on my part. I just want to do what's best for her.

And again, just to clarify, we have a court order for child support, but nothing for visitation nor do we have any documentation that states paternity other than the paper we both signed at the hospital the day after our daughter was born that said my ex was the biological father.

Dad can go get custody because you have determined that your child should be in Illinois and not with you. And quite frankly he should march into court in Illinois right now and get custody.
 

CJane

Senior Member
It's only an hour?

Move your child to be with you NOW.

Yes, Dad can file in IL to force you to return the child to the state pending the outcome of a court case. But IMO it's unlikely a judge would rule in his favor given the relatively minor distance of the move, the fact that Dad has made no effort to gain visitation rights up to this point, and the fact that his shift work makes primary custody a strain on both him and the child.

But good lord, don't leave your kid w/your parents while YOU move. That's the stupidest thing EVER. Get her on Friday and enroll her on Monday.
 

TRP08

Junior Member
Dad can go get custody because you have determined that your child should be in Illinois and not with you. And quite frankly he should march into court in Illinois right now and get custody.
I have not determind that my daughter should be in Illinois and not with me. You have no idea what it is like not to have her with me. I don't know your story, but it's not mine. So do not judge me or tell me what my opinions are. Moving to a new state out of your comfort zone can be traumatic for children. I am simply trying to ease this process for my daughter. I do not want to live without my daughter. You make it seem like I'd rather not have her with me. You have the right to your opinion, but do not try to form opinions for me.

I came here for answers and insight, not criticized.
 

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