Legal Question in Family Law in Illinois

Ex-girlfriend has moved taking child out of state

The unmarried couple has a child and lived together for a couple of years. The child is now almost two years old. The father and mother have broken their relationship up. The mother left the state 10 weeks ago with the child against the father's wishes. It was to be temporary but now is becoming long term. The father wants the child back in state so visitation could be made much easier and more frequently. There are no court ordered child support payments but the father has sent some financial assistance and most importantly wants to see his son. The mother is in rural Missouri now. The father is in a northern suburb of Chicago. Does the father have a right to require the mother (and child) to live in-state? He is also concerned that if she marries someone his son's last name could be changed. Any advice would be appreciated.

Asked on 2/24/09, 7:12 pm

1 Answer from Attorneys

John Steele Steele Law Firm

Re: Ex-girlfriend has moved taking child out of state

Absolutely, the man can require that the woman return to IL. A residential parent must seek an order from the court (called a Removal Order). I have been on both sides of these Petitions and I can assure you that the onus is on the mother to show why why should be able to leave the state and injure the father-child relationship. The most important thing is to get moving, because the longer she is out of state, the harder it is to make her come back. And after 6 months, you might as well forget it.

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Answered on 2/24/09, 10:30 pm

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