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  1. #1
    Join Date
    Apr 2010
    Location
    Peoria, Illinois
    Posts
    1

    Unhappy Can I Stop My Ex from Taking My Child Out of State

    My question involves a child custody case from the State of: Illinois.

    My ex-girlfriend (no, we were never married) wants to move to Connecticut (from Illinois) with our 2-1/2 year old daughter so she can be "closer to her family". I am trying to find out if there is anything I can do to stop her from doing this? If not, what are my options?

    I am 100% the father of my daughter. I am on the birth certificate. My daughter was born in Illinois, and we have lived here since about 4 months prior to my daughters birth. We do not have any form of official custody agreement because one was never needed before.

    I was laid off from my job in March of 2009, and have had serious trouble finding steady employment ever since. It is not for my lack of searching but I do believe this is a major reason why she has a sudden desire to split our family up and make the move.

    I have several concerns if my ex were to successfully make this move.
    1) While I believe this move would be better for my daughter financially, I also believe the benefits of having her father in her life out weighs the added financial security.
    2) I am afraid that if I just stand by and let this move take place, I will be essentially abandoning my daughter as I would not be able to afford moving to or visiting somewhere so far away.
    3) I am also concerned that my daughter would basically end up being raised by her grandparents.

    Thank you for taking the time to review my post.

  2. #2
    Join Date
    Jan 2006
    Posts
    27,727

    Default Re: Can I Stop My Ex from Taking My Child Out of State

    well, since there is no order of custody or visitation, she is pretty much free to leave unless you do something about it.

    That something is going to have to be a request for an order for custody and visitation. When you ask, address the issue about moving half way across the country.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,278

    Default Re: Can I Stop My Ex from Taking My Child Out of State

    Quote Quoting ryanm8689
    View Post
    My question involves a child custody case from the State of: Illinois.

    My ex-girlfriend (no, we were never married) wants to move to Connecticut (from Illinois) with our 2-1/2 year old daughter so she can be "closer to her family". I am trying to find out if there is anything I can do to stop her from doing this? If not, what are my options?

    I am 100% the father of my daughter. I am on the birth certificate. My daughter was born in Illinois, and we have lived here since about 4 months prior to my daughters birth. We do not have any form of official custody agreement because one was never needed before.

    I was laid off from my job in March of 2009, and have had serious trouble finding steady employment ever since. It is not for my lack of searching but I do believe this is a major reason why she has a sudden desire to split our family up and make the move.

    I have several concerns if my ex were to successfully make this move.
    1) While I believe this move would be better for my daughter financially, I also believe the benefits of having her father in her life out weighs the added financial security.
    2) I am afraid that if I just stand by and let this move take place, I will be essentially abandoning my daughter as I would not be able to afford moving to or visiting somewhere so far away.
    3) I am also concerned that my daughter would basically end up being raised by her grandparents.

    Thank you for taking the time to review my post.


    Mom can leave with the child. And you can then petition the court to request the child is returned to your home state. You can also, as jk suggested, officially file for joint legal custody and visitation and request (in that petition) an injunction preventing either of you from moving the child out of state without permission from the court.

    If you do fight the move, Mom will have to show the court that not only is the move in the best interests of the child (and financial reasons are not always going to do it), but that either your parenting time will not be affected (unless Mom can come up with a very generous offer of parenting time to compensate, including her bearing the cost of ALL visitation costs).
    An intelligent hell would be better than a stupid paradise - Victor Hugo

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