Illinois  |  Family Law

Legal Question

Asked on: 6/11/13, 9:46 am

I live in Illinois with my son. His father wants me to send him to New York for a visit is there anyway he can not send him home and keep him out there.

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Answered on: 6/11/13, 9:50 am by Conor Malloy

He could always keep the child there. But of course he would be breaking the law.

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=31


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Malloy Law, LLC 233 S. Wacker Dr., 84th Floor Chicago, IL 60606

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Answered on: 6/11/13, 9:56 am by Jonathan Shimberg

Unless you have an order of custody and a visitation order, you are opening yourself up to him not returning the child. Is Dad on the birth certificate. Is he paying support? Is there a order granting you your son's custody or giving you joint custody. Without those, I would be hesitant in sending the child out of state.


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SHIMBERG and CROHN, P.C. 9003 Lincolnwood Drive Evanston, IL 60203

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Answered on: 6/11/13, 10:09 am by Sue Roberts-Kurpis, Esq.

Do not send him unless there is a court order directing you to do that and requiring him to return the child by a date certain. He can and most likely will keep the child. If he wants to visit, he should come to your location. You should also perfect your custody of the child and ask the court to set a visitation and support order.


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Law Office of Sue Roberts-Kurpis 3845 West 58th Place Chicago, IL 60629

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