Legal Question in Family Law in Illinois
Child changing residence
I have a son (age 16). At the time of the divorce from his father in 1989, his father and I had joint custody, with the children residing with me. Almost three years ago, my son decided, to try to get a closer relationship with his father..and to go and live with him. At that time, my ex had a legal document drawn up by his lawyer stating that our son would legally reside with him, and that we would still share joint custody, and that the child support that I had been receiving from him would stop since my son wouldn't be living with me.
My son does not want to live with his father anymore, and wants to come back and live with me again.
He and his father live in Illinois, and I have since moved to Maryland. His father says that it's fine with him if our son wants to come back and live with me. I need to find out how easy/difficult it is going to be to change our son's residency (legally) again, and if there is no contesting by his father of this change, can the child support just take up where it left off? Will this be expensive, if there is no contesting of our son changing his residency to mine? I'm not sure how the child support is determined, after three years of not receiving it.
Thank you,
1 Answer from Attorneys
Re: Child changing residence
Because this is a general information service, it is presumed that there is no attorney-client relationship, and that is why I usually give general responses to answers.
In your case, you are asking for specific, actually, strategic advice. Generally, it would not be difficult to make an agreement for the custody. Once custody is changed, you would be eligible for child support. Child support would be determined in accordance with the Maryland Guidelines.
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