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  1. #1
    Join Date
    Jul 2007
    Posts
    12

    Default Mother Wants to Leave State

    I am almost 8 months pregnant. Have not heard from father for entire pregnancy but been in touch with his mother who informed me that after the child is born and paternity is established the father plans on being fully involved. He currently has a history of drugs, DWI's, no license, no address because travels for work, but an excellent job. My plan all along, has been to leave the state and return to Chicago where I have many more resources to assist me (friends, some family).

    Since he apparently is going to pursue paternity hearings after the birth then would it be a better decision to leave the state and have paternity established from a court in Illinois or to wait for paternity to be established in NY? Should I wait for paternity to be established in NY and then try to move is there a high likelihood that I would have a difficult time trying to petition to leave because it would be putting distance between child and father? I am more then willing to come back to NY monthly to assist him with visitation and have the door open for him to come out and visit at any time that he wishes. However, I do not find it in the best interest of the child or myself to stay in the location that we are in because of poor career opportunities and few to no emotional/ social supports.

    Also, I have been concerned about having to go to court with him in the long run because he does have a substantial amount of money. He has four previous DWI's and an assault charge but because of the lawyer he had only had to pay fines. He has never had to fulfill any sort of jail time. His brother has a two year old son with an ex girlfriend and when they broke up took her to court for full custody and won.

  2. #2
    Join Date
    Oct 2005
    Location
    Massachusetts
    Posts
    755

    Default Re: NYS; mother wants to leave state

    You are free to go where ever you want. If the dad isn't there to sign the Birth Certificate, then he legally isn't the father.
    If you don't expect him to be at the hosp, then I would wait to move.
    Your Dr. is here.
    However, leaving/running away from Dad is wrong wrong wrong. He has every right to be in the child life.

  3. #3
    Join Date
    Jul 2007
    Posts
    12

    Default Re: NYS; mother wants to leave state

    I am trying to move to run away from Dad. I am trying to move because of emotional/ social support and because I have excellent career opportunities in Chicago versus what I have available at current location.

  4. #4
    Join Date
    Jul 2007
    Posts
    12

    Default Re: NYS; mother wants to leave state

    Also, I would likely move shortly after the birth not before it.

  5. #5
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: NYS; mother wants to leave state

    If he files before you move, it could stop you from moving, or, it could require that you return to NY to respond.

  6. #6
    Join Date
    Jul 2007
    Posts
    12

    Default Re: NYS; mother wants to leave state

    I would technically have to be a resident of another location in order to be able to file from that location, correct? Is it likely that I would have to be a resident of that location for a certain amount of time?

  7. #7
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: NYS; mother wants to leave state

    Quote Quoting JaneDoe17
    View Post
    I would technically have to be a resident of another location in order to be able to file from that location, correct? Is it likely that I would have to be a resident of that location for a certain amount of time?
    Yep, and if I'm not mistaken the time frame is usually 6 months.

  8. #8
    Join Date
    Jul 2007
    Posts
    12

    Default Re: NYS; mother wants to leave state

    Thats good to know. Well I like to believe that the court will side with me in leaving, particularly if I am willing to assist him in his visitation, but I suppose everyone would like to think the court is going to side with them when it comes down to it, hmm? I am trying to be as fair about this as possible but its hard when I only hear things from his mother and don't know what to expect from him after the baby's arrival.

  9. #9
    Join Date
    Sep 2007
    Posts
    19

    Default Re: Mother Wants to Leave State

    I've come to realize that unless the father agrees to it and is all for it, the likelihood of you being able to move to another state after the child is born and paternity is established isn't that great, honestly. yeah, you might get lucky, but chances are greater that if the father doesn't want you to, you'll be stopped.

    A few counties away, maybe... but states away? Not that likely, IMO.

  10. #10
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Mother Wants to Leave State

    Quote Quoting 750 ILCS 5/609 - Leave to Remove Children.
    (a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interests of such child or children. The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal. When such removal is permitted, the court may require the party removing such child or children from Illinois to give reasonable security guaranteeing the return of such children.

    (b) Before a minor child is temporarily removed from Illinois, the parent responsible for the removal shall inform the other parent, or the other parent's attorney, of the address and telephone number where the child may be reached during the period of temporary removal, and the date on which the child shall return to Illinois.

    The State of Illinois retains jurisdiction when the minor child is absent from the State pursuant to this subsection.
    Factors a court will consider in determining if a move is in the best interest of a minor child include: (1) whether the proposed move is likely to enhance the general quality of life for both the custodial parent and the children; (2) the motives of the custodial parent, as to whether the removal is merely a ruse intended to defeat or frustrate visitation; (3) the motives of the noncustodial parent in resisting removal; (4) the effect on the noncustodial parent's visitation rights; and (5) whether a realistic and reasonable visitation schedule can be reached if the move is permitted. In re Marriage of Collingbourne, 204 Ill. 2d 498, 522-523, 791 N.E.2d 532 (2003); In re Marriage of Eckert, 119 Ill. 2d 316, 326-27, 518 N.E.2d 1041 (1988).

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