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need help in illinois with visitation and moving

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hmar10

Member
What is the name of your state? Illinois

My fiance has a 7 year old daugher with his ex girlfriend. The ex is now remarried with 2 sons by her husband. She has custody of their daughter. My fiance pays child support and there is an order for visitation which states every other weekend is to be spent with him. The mother asked us if they could move to Michigan because her husband was taking a new job. He said no she couldn't move. So the next weekend ex says I will drive her to and from on your weekends to have her. Her husband had already accepted the new position in Michigan and he was already living up there when she originally asked. This worked for a month and a half. She moved June 10 and we have now not seen the daughter since July 23. When she moved she left us no phone number except a cell phone that is never on and does not have voicemail or an address to her new home. What can we do in order to get her to let us see his daughter? We have called the ex's parents house numerous times to get her phone number but they won't answer the phone anymore. The ex did this right after she got married to. We had his daughter the weekend the mom got married and when mom picked her up on sunday, she never mentioned that she was moving, told us her married name or even a phone number. We didn't see her for 6 months after that and then I found her by doing a little detective work and we saw her for Christmas. Then 2 weeks later she started denying us to talk to her even on her birthday. So that's when we went to court for visitation. The original orders for support and visitation are through Lasalle county where the child used to live. Father lives in Will County. Do we have to go out to Lasalle county in order to bring her back to court if we can ever find her? How do we move it to Will County if at all possible since child lives in Michigan? Thanks so much for any help. My fiance's family is convinced we will never see her again and now his grandmother is very sick and I really want his daughter to be around because her great grandmother might not be for too long. THANKS A BUNCH!
 


djohnson

Senior Member
Research your states moving laws. I'm not familiar with your states. She should have had to provide notice of intent so far in advance and should have gotten permission written in order to prove. I (meaning the father not you) would petition the court to have her brought back for not proper notification. The mother is welcome to go, but not necessarily the child. Even if it's approved that child can move, the visitation order can altered to where it will work with the distance. Ask for her to be responsible for transportation since she choose the move.
 

jelly

Member
did he ever SIGN anything saying she could take his daughter or was this just verbal? this has to end up in court, there is no other way, and thats pretty sh*tty what they did.. note of caution, after six months, michigan becomes the "home state" of the child, whether they were taken there legally or not. you should move fast, because sometimes it can take that long to even get a court order.
 

hmar10

Member
Thanks for the info about the 6 months....that's good to know. And no he never signed anything to give her any proof. Does any one know if he has to go to lasalle county where the original orders of support and visitation were established since the father lives in Will County. Could we just go to Will county court house with a copy of the orders and petition for it to be moved there instead? Thanks for the help
 

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