Legal Question in Family Law in Illinois

I am 16 years old and custody was never established in court, I have been living with my mom my whole life and visiting my dad on every summer, Now I want to move in with my dad but my mom does not want me to. My question is can I move in without her permission without anything bad happening to me or my dad?


Asked on 7/26/12, 10:43 am

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Are you saying your parents are stilled married/ That there is no divorce or legal separation which gives custody of you to someone. If there is, in fact, no court order regarding your custody, either parent has a right to custody of you.

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Answered on 7/26/12, 11:03 am
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Unlike the above attorney, I am assuming that your parents were never married. If that is the case, even without a court order the law presumes that your mother is the custodial parent. It also sounds like your parents have been cooperating in this arrangment for a number of years so it may be court ordered. I am not sure why you believe that custody was never established in court but as a minor absent a court order giving your father custody, you cannot simply decide to live with your father over your mother's objections without causing considerable legal trouble for your father and yourself.

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Answered on 7/26/12, 12:15 pm


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