Can I Move Out of State with My Son

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

I dated a guy for 2 months and ended up pregnant. He abused me both verbally and physically throughout my entire pregnancy and after. I left him in January and took my son (we are still in the state of Illinois currently).
The father was diagnosed with Intermittent Explosive Disorder after I left him which he uses as an excuse for the abuse and says that he doesn't even remember doing anything (I have text messages from him admitting to everything).
Also since I've left, he has threatened to kill himself multiple times (which has resulted in me calling the police), knocked himself unconscious while watching our son (when he came too he didn't know who our son was and spent multiple days in the hospital and everything turned out normal), and has continually harassed myself, my family, and friends. He has threatened to show up at my place of work, and actually has twice.
He sees our son a couple times a week but usually only a couple hours at a time and also gets him every other weekend. He doesn't provide financially for him (no child support or custody agreement in place-never been to court) but he is on the birth certificate.
My son is now 9 months old. I don't wont to move to try to keep my son from him but more out of fear of the father.
I want to move out of state and take my son with me (most likely to Florida). Can I just leave since there is no custody agreement in place? If not, what do I have to do to legally be able to leave with my son?

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Quoting Mommabear15

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

I dated a guy for 2 months and ended up pregnant. He abused me both verbally and physically throughout my entire pregnancy and after. I left him in January and took my son (we are still in the state of Illinois currently).
The father was diagnosed with Intermittent Explosive Disorder after I left him which he uses as an excuse for the abuse and says that he doesn't even remember doing anything (I have text messages from him admitting to everything).
Also since I've left, he has threatened to kill himself multiple times (which has resulted in me calling the police), knocked himself unconscious while watching our son (when he came too he didn't know who our son was and spent multiple days in the hospital and everything turned out normal), and has continually harassed myself, my family, and friends. He has threatened to show up at my place of work, and actually has twice.
He sees our son a couple times a week but usually only a couple hours at a time and also gets him every other weekend. He doesn't provide financially for him (no child support or custody agreement in place-never been to court) but he is on the birth certificate.
My son is now 9 months old. I don't wont to move to try to keep my son from him but more out of fear of the father.
I want to move out of state and take my son with me (most likely to Florida). Can I just leave since there is no custody agreement in place? If not, what do I have to do to legally be able to leave with my son?

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You are an unwed parent without a custody order in place, which means you can leave Florida without notifying Dad.

But how are you going to claim "fear" when you already have your son seeing him on what's basically the same schedule as a NCP?

Prepare for Dad to file immediately to have the child returned to Florida pending a final custody determination. Expect to be asked the same question I've just asked.

I would be moving from Illinois to Florida.
And to answer your question, I know how it looks but I work nights. Daycare wouldn't be an option because of their hours of operation and my parents can only watch him certain times and days. He's never done anything to physically harm my son and I'm hoping with every ounce of my being that it stays that wau.

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Quoting Mommabear15

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I would be moving from Illinois to Florida.
And to answer your question, I know how it looks but I work nights. Daycare wouldn't be an option because of their hours of operation and my parents can only watch him certain times and days. He's never done anything to physically harm my son and I'm hoping with every ounce of my being that it stays that wau.

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Illinois - sorry, my mistake.

In your state, the burden of proof is on you to show the court why relocating is in your child's best interest. Dad has a consistent relationship with your mutual child, so you're also going to have to submit a parenting plan which doesn't reduce Dad's parenting time.

Are you ready to send kiddo to Dad's for whole weeks in the summer? Possibly at your cost? What kind of options do you have in mind?

If you work nights, you need to prepare also for Dad to actually file for custody.

I don't get this whole notion that daycare isn't available because people work nights. Do you have any idea how many single parents probably live in your area that work nights and have daycare (or night care). People work in hospitals, fire houses, police departments, people have to be at work at 2 or 3 in the morning and I'm sure SOME of them use daycare centers. You just have to get off your duff and find some.

Hell, a friend of mine actually walked into the hospital and spoke to someone who worked the night shift, told her what she wanted and asked to speak to anyone who used a babysitter. She got MULTIPLE referrals and she lived in a relatively small city.

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Quoting CourtClerk

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I don't get this whole notion that daycare isn't available because people work nights. Do you have any idea how many single parents probably live in your area that work nights and have daycare (or night care). People work in hospitals, fire houses, police departments, people have to be at work at 2 or 3 in the morning and I'm sure SOME of them use daycare centers. You just have to get off your duff and find some.

Hell, a friend of mine actually walked into the hospital and spoke to someone who worked the night shift, told her what she wanted and asked to speak to anyone who used a babysitter. She got MULTIPLE referrals and she lived in a relatively small city.

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Or, Dad can have custody.

CourtClerk is correct. There are a number of large businesses that operated 24/7, their employees have children and they need nightcare for them. Have you even looked for nightime care ?

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Quoting Mercy&Grace

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CourtClerk is correct.

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Call me a narcissist, but I just love hearing this :D

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Quoting CourtClerk

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Call me a narcissist, but I just love hearing this :D

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I seem to recall "CourtClerk is correct" becoming your sig. line down the street ... ;)

CourtClerk, Dogmatique, ya'll are funny !

Also, OP, remember that Illinois's parenting rules have changed substantially. Here is a link to some basic new information:
http://www.stogsdilllaw.com/divorce-...y-law-Illinois