Legal Question in Family Law in Illinois

I have an 8 month old daughter. The Mother and I both signed the birth certificate and she has not taken me to court for custody yet. She is threating to take the baby out of the State of Illinois and moving to Arizona. Can she legally leave with my child if we haven't gone to court for custody yet?


Asked on 3/08/12, 10:04 pm

2 Answers from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Are you paying child support either through a court order or a administrative order from child support enforcement? Mother has presumptive custody at the time of birth. OTOH, she needs court approval to remove the child from the State of Illinois.

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Answered on 3/09/12, 3:27 pm
Jonathan Shimberg Shimberg and Crohn, P.C.

If there is no court order, then she can leave

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Answered on 3/10/12, 6:32 am


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