Legal Question in Family Law in Illinois
I am unmarried and would like to move out of the state, but the other parent doesn't agree...? I reside in Illinois and the child was born here. She is currently only 8 months old. I am the sole careprovider, but we all live together. I want to move out of state (and get married to my fiance). The father of the child does't agree. Can he legally stop me? btw, he did sign the VAP and so his mane IS on the birth certificate.
2 Answers from Attorneys
If there is a court proceeding involving the two of you, then you need court permission to leave. If there is no court case, he can not stop you., However, depending on how quickly he begins a court case, a court might order you back. But that is an extreme remedy that a couert should be hesitent to do.
You need to Petition the court for permission to remove the minor child from the state. If you just up and leave Illinois, the father can file a motion to force you to return to Illinois. It is better to do it the right way and ask for permission first from the court. It is not a simple process however, and I recommend speaking to an attorney who handles Petitions for Removal. Let me know if you have any more questions.