Legal Question in Family Law in Illinois

My friends child's dad has her kid in Michigan originally they planned to move to Texas, last minute in May he decided to change his mind and moved to Michigan she allowed him to take their son because she no longer had no where to live in Illinois. He was suppose to set up a place for them and instead started dating someone else and kept her child from her. Since then she went where she has a support system and moved to Texas. He has withheld the child from her for almost three months and the only way he will let her see the child is If she signs a notarized letter saying she will return him. There is no established custody on either end . Can she take the child and move to Texas where she can prosper


Asked on 8/15/16, 11:01 am

2 Answers from Attorneys
Elfreda Dockery Law Office of Elfreda Dockery

Since your friend lives in Texas, she needs to consult with an attorney licensed to practice law in the State of Texas.

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Answered on 8/15/16, 11:41 am
Jonathan Shimberg Shimberg and Crohn, P.C.

You do not give any time periods. Has a support order been entered in Illinois? If no order has ever been entered and the child has lived in MI for more than 6 months, then IL courts have no jurisdiction and MI courts do. Further MI law would apply. Is Dad on the birth certificate? If he is not, then he has no right to the child until a court says he is the father. If he is on the birth certificate, the she need to discuss this with a MI atty, not an IL atty.

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Answered on 8/15/16, 11:50 am


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