Legal Question in Family Law in Illinois

if the children were born in illinois and the mother and father are not married can the mother take the kids and move out of state without the fathers permision?


Asked on 6/03/12, 11:15 am

2 Answers from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Generally No. Best practice is for mother to file a petition to remove the children with the parentage court alleging that the move is in the best interests of the children. Burden will then be on the father to establish that he has a solid relationship with the children that would be damaged by allowing the children to move out of state.

You should hire an attorney in your area to handle this kind of custody matter for you and to otherwise advise you.

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Answered on 6/03/12, 11:37 am
David Gotzh Law Office of David Gotzh

No. See 750 ILCS 5/609.

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Answered on 6/03/12, 1:37 pm


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