Legal Question in Family Law in Illinois

moving out of state with child-non-married couple

My ex-boyfriend and I have a 5 year old daughter. I plan to move to Kentucky where my father lives so that I'll have family support and the opportunity for a better job. My ex-boyfriend is threatening me with all sorts of legal crapola, anything from getting a court order stopping me from moving to taking our daughter away from me. Our daughter is happy, healthy and well-taken care of. The best job I've been able to get in Illinois is at a gas station. If I move to Kentucky, I'll be living with my dad at first, but the area in which he lives has a much better selection of employment. Do I have the right to move with my daughter? Can my ex stop me from moving?


Asked on 10/17/05, 6:26 pm

1 Answer from Attorneys
Kirsten Becker Kirsten Becker, Attorney

Re: moving out of state with child-non-married couple

You ex-boyfriend could go into court and file for a custody or visitation order or both. He would have to agree to paternity, unless you and he signed a consent at the hospital or signed one later agreeing to patnerity.

The judge would use the standard "in the best interest of the child" to determine the issues; whether or not you should be allowed to go to Kentucky, what the visitation schedule should be, what kind of custody arragement should be made and so on. Your arguments are what you already mentioned, it is the best interest of the child that you be allowed to move to Kentucky because you would have the support of family and the possibility of a better paying job. Your risk in this process is that the judge may say no, but your ex-boyfriend is also taking a risk; not only that you would be allowed to move to Kentucky, but you could also ask the court to order child support if you are not already receiving it.

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Answered on 10/19/05, 1:22 am


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