Legal Question in Family Law in Illinois

can I leave the state without my childrens fathers concent?


Asked on 4/01/12, 8:32 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

You need his written consent or a court order (if there is a parentage case). If you were never married and no parentage case was ever started you can leave.

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Answered on 4/02/12, 4:22 am
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You can leave. You just can't take your children. I disagree with Mr. Shimberg about the issue of leaving w/o the court's permission in the absence of a previously filed parentage case. I believe that under either set of circumstances, you need leave of court. The safest course is to file a petition with the court for leave to remove. If your child's father has never previously filed a petition to establish his rights, then the court should have no trouble granting you permission to leave and ordering that he pay you child support.

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Answered on 3/25/13, 5:01 pm


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