Legal Question in Family Law in Illinois
petition for child removal
I am a military member who just got orders to camp lejeune north carolina, my wife is a civilian currently in illinois, my wife has a child with another man prior to our marriage now we have a child also. my stepdaughter's father said to the mediator that he doesnt want the child to leave the state. he doesnt pay child support and only sees the child whenever he feels like it, missing many visitation days. the mediator told my wife that since he doesnt want to let her go that my wife cant move down here with me. this situation is not fair, how can it be that i'm not able to life with my wife just because my stepdaughters father says no to the removal, i am the sole provider of my family, i just dont understand how why my wife cant live with me she has full costudy and all he has are visitation rights. please help me understand why i cant be with my familly
2 Answers from Attorneys
Re: petition for child removal
Each parent has a fundamental right to a relationship with their children. To overcome this, you need to prove its in the best interest of the child to be removed. It can be done, and I have handled several of these cases in the last year. It is simply based on the facts and getting the judge to understand the situation. It sounds like your scenario is pretty good for your case, so fight for removal. Let me know if you have any other questions.
Re: petition for child removal
I am surprised that a mediator would have been so unprofessional as to make such a patently false remark. Your wife has the right to move anywhere she wants. The issue before the court is whether or not she can take the oldest child with her. If the facts are as you state, a court will very likely see through the child's father's objections and permit the removal but its a process and you will have to go through it. Since the mediator cannot testify in court or render any opinion as to anything that took place in the mediation, you should ask your attorney to file a complaint with the mediation service or with the court.