Relocating With Child Legally

Summary

If theres no court order or paternity acknowledgment, the mother has sole custody and can legally relocate with the child. However, if the father later files for paternity or custody, it could complicate matters. Its advisable to inform the other parent out of courtesy and seek legal advice to understand potential implications. Legal resources in Illinois include Illinois Legal Aid Online, local law schools, private attorneys, and local legal aid societies.

Full Conversation

I want to move out of Illinois with my daughter
Hello ****, to clarify, are you involved in a custody or visitation agreement? This information will help me provide a more accurate response.
no
It's important to note that as long as there is no custody order or agreement, you are generally able to move. However, if the other parent objects, they could potentially take legal action. Keep in mind that the courts always prioritize the child's best interests.
Do I have to tell anyone anything about the move
In Illinois, without a custody order or agreement, you're generally not required to inform anyone about your move. However, it's advisable to inform the child's other parent out of courtesy and to prevent potential legal issues. Always consider the child's best interests.
hes not on her birth certificate, and barely sees or asks about her
Are you looking to establish a formal custody agreement or simply want to understand your rights in this situation?
my rights in the situation
As per Illinois law:
- If the other parent is not on the birth certificate and no legal paternity has been established, you have sole custody.
- You can move without legally having to notify the father or seek his permission.
- However, if paternity is later established, they could potentially seek visitation or custody.
If I move out of state without a court order, can I get into legal trouble?
In Illinois, if you have sole custody and there is no court order restricting you, moving out of state should not get you into legal trouble. However, if the father establishes paternity later, he could potentially seek visitation or custody.
How can I relocate with my child, if there’s no court order in place? Her father is not on the birth certificate
In Illinois, if there's no court order or paternity acknowledgment, the mother has sole custody. This means you can legally relocate with your child. However:
- If the father files for paternity or custody, this could complicate things.
- It's recommended to get legal advice to understand potential implications.
‘how can I get legal advice
You can seek legal advice through various avenues in Illinois:
- Contact Illinois Legal Aid Online for free legal resources.
- Reach out to local law schools; some offer free legal clinics.
- Consult a private attorney; initial consultations are often free.
- Visit a local legal aid society for free or low-cost advice.