Legal Question in Family Law in Illinois
I have a child with a U.S. citizen and I have sole custody. There is a court order for him to pay child support but he is delinquent and so far has not paid even a penny. He has never seen the baby nor made any attempt to do so. My visa is getting over. My question is that can I take my infant baby with me to my home country and even if I no longer reside in the US, do I still have the right to child support? Thanks
2 Answers from Attorneys
Technically you will need the court's permission, it's called removal (Not to be confused with the term used in immigration court).
In terms of what you're owed, I would recommend you enforce it NOW before you leave - it would at least give you a memorized dollar amount that he needs to pay (And you might get some/all of it). If your home country is on the Compact, you can continue to enforce the order from overseas. However, again, you would need to take action now.
Talk to a family law attorney in your area for specific guidance.
While I don't disagree with the above attorney from a legal standpoint, I think you need to look at the removal and support issues as separate matters. Assuming that taking your child back to your native country is most important to, I would suggest that you file a simple motion at 28 North Clark, Chicago telling the court that you need to return to your country, etc., and also telling the court that the child's father has never seen the child nor complied with the support order. But you need to put the emphasis on leaving the country with the child rather than getting the unpaid support. Doing.otherwise almost guarantees that the father will tie you up in court demanding that the court not let you leave the country with the child. In the meantime, your visa expires and you end up in trouble with immigration and it is almost certain that the child will be detained as a US citizen while you are deported. You should also apply for an extension of your visa as soon as possible before it expires so that you have time to proceed with this. Court dates are hard to get in Parentage Court so the process may take longer than you expect. You can always go after support later on but seeing that the father has taken no interest in his child or paid support previously, you are probably wasting your time on the issue right now. Child Support enforcement can go after him but you have to notify them. Good Luck.