Legal Question in Family Law in Illinois

I had a child with my boyfriend of 7 years, and we split up almost a year ago now. I've met someone else and our plan is to move to Mexico in a year and a half. My question is:

since i was never married to my ex but he is the legal father and we never went threw the court for legal custody, do i still need his permission to take our child out of the country?

And i was also wondering if i did need his permission, if there was any advice to help my case against him to be granted that permission from a judge?


Asked on 2/15/14, 5:05 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

If nothing else you need to file for child support by contacting the States Attorney's Child Support Enforcement Office in your area. You will also need to get the court's permission to remove the child from Illinois. Whether you are here legally or not, your child is a U.S. citizen and the courts here control what happens to the child. I strongly suggest that you consult an attorney in your area regarding the custody and removal issues.

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Answered on 2/15/14, 7:35 pm


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