Legal Question in Family Law in Illinois
Does my sons father have any rights?
My sons father only signed the birth certificate and paternity papers we were never married and my son carries both our last names.We never went to court for any custody matter and have always just done the visitations on our own, which have been few and far between in 9 years.As of recently he has kept up on his child support through child support enforcment in IL.My question is,I am now married and my husband is in the military we are scheduled to move to Germany for 3 years.Does my sons father have any rights to my son? How does something like that work when no custody has ever been set up? We are originally from Illinios and that is where his father lives but my son lives in Texas with me right now and soon to be Germany.Any help you could give would be great.Its such a sticky situation and I dont want his father to make it worse. I have never kept him from seeing his son and never would, but being as we are now a military family I have to do what I have to in order to provide for my family.
1 Answer from Attorneys
Re: Does my sons father have any rights?
Apparently there were legal papers done if he is paying child support through an enforcement order.
You need to read the last court order signed by a Judge. You need to get a certified copy and take it to an attorney to review. The current document regarding your minor son will control.
If the child is restricted to the US, then you can move -- but the child won't be moving to Germany.
Of course, you can file a document to modify the residency restriction.
Since I have not read any of your legal documents, I cannot comment on whether or not the child will be allowed to move to Germany.
If the child is restricted on where he lives, his father can file a contempt case against you. If he does, this could potentially be a very serious matter.
I recommend that you consult with an attorney immediately before you begin packing to move.
Good luck!
Fran Brochstein
www.familylaw4u.com
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