Legal Question in Family Law in New York

Re: I want to go home

There are many facts which might be important here which are not included in you inquiry. I cannot even discern whether you are or were married to the child�s father. Most importantly here, the issue sounds like one controlled under New York law. If you have been and are living in New York, you should re-submit your inquiry for a New York lawyer to answer. If a New York court has current jurisdiction, again, you should seek the advice of a New York lawyer.

Notwithstanding the foregoing, I will try to answer the question assuming you have been and are living in Illinois or that Illinois courts are presently exercising jurisdiction over the case:

This sounds like a temporary removal of the child from the state of Illinois. Illinois law (750 ILCS 5/609(b)) states with respect to divorced parents that �Before a minor child is temporarily removed from Illinois, the parent responsible for the removal shall inform the other parent, or the other parent's attorney, of the address and telephone number where the child may be reached during the period of temporary removal, and the date on which the child shall return to Illinois.�

If this is a case of paternity rather that divorce, your paternity judgment might spell out requirements regarding custody and visitation, and removal of the child from the state. If the paternity judgment does not contain such limiting restrictions, you are free to take the child out of the state.

This e-mail reply does not constitute legal advice and does not establish an attorney-client relationship. We provide responses to email questions for information purposes only. The information is provided as a convenience, and we make no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the information.