Legal Question in Family Law in Illinois
living in chicago. I have a 12 yr old daughter that i have shared custody with her father. she lives with me and he sees her every other weekend. I am being offered a position in Clermont FLorida. I pay and maintain her. He only gives me a small portion of child support. I take care of her needs even private schooling. Will I have a problem if I move her out of state?
2 Answers from Attorneys
You need to get the court's approval before you can relocate. It's not always an easy situation to get a judge to sign-off on a move. A lot depends on a combination of the father's involvement in the child's life, his financial support, sometimes the father's extended family's involvement, ect. Ideally you can work something out with the father where he'd agree to the move with a promise of extended visitation over summers and other times.
You should discuss this with a good family law attorney first.
You must file a Petition for Removal with the court. The court will look at several factors, with the overriding concern being the best interest of the child. Depending on the father, and his ties with the child, the court will make a decision allowing you to leave the state. I agree with Peter that you should speak with an experienced family lawyer when looking at something more complicated like a removal petition. In situations like yours, the facts are very important. Let me know if you have any more questions.