Legal Question in Family Law in Illinois
I want to move back home to Canada but I'm afraid my husband will try and do something to stop me and my daughter she is 18 months. He is not biologically the father but his name is on the birth certificate. Her biological dad is not in the picture & hasn't been since before she was born. I do not know what the appropriate action is. My husband says he isn't going to try and stop me but he is unstable and I do not trust him. Any advice will be greatly appreciated. He is not willing to sign papers saying that he will not stop us. One more question if I catch him on tape saying that he doesn't care if we leave or that he wants us to leave and he understands we will never come back will that make a difference? Thank you very much for your time.
1 Answer from Attorneys
You can't 'catch' someone on tape in IL. It's illegal to record someone without their knowing. The best way to handle this is to get divorced and show that he is not the father. Then he can do nothing. Signing a birth certificate is irrelevant.