Legal Question in Family Law in Illinois

I am going to court with my 9 year old sons father for support. We were never married, never lived together. My son does not know him. He has never had visitation rights, nor has he been alone with my son. I had an order of protection for my son and I that recently expired. He had threatened to kill my son in detail, verbally to I and his sister. My job wants me to relocate to iowa, from illinois. Do I have to legally notify him given the situation? I do not know where he resides either and he has lied to the support court of his address. What are my rights on relocating?


Asked on 1/17/13, 11:04 am

1 Answer from Attorneys
Donald Boyd The Boyd Law Firm, P.C.

Did he sign a voluntary acknowledgment of paternity, or 'VAP'? Was he present when your son was born and did he sign the birth certificate? Has he ever been established to be the father of your son by any court? If no to all of the above and if you were not married when your son was born then there is no presumption of paternity in Ilinois. In that case, he would not have any established rights as a father. Have you thought about petitioning for a new order of protection? If so, you could ask the court for permission to remove your son to Iowa.

Read more
Answered on 1/17/13, 12:15 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois