Legal Question in Family Law in Illinois

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

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.

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.