Moving With Child Guidelines

Summary

If the fathers paternity is not legally established in Illinois, he has no custodial rights, allowing you to move without his consent. Verbal visitation agreements are not legally binding; they must be written and court-approved. A man has up to 2 years to establish paternity, with exceptions like being misled or prevented from asserting paternity. An absent father is one who is not present, does not provide support, and has no legal custody. Fathers can support their child by establishing paternity, providing financial support, and being involved. Without a court order, these actions may not be legally recognized. Your fiancé can adopt your child if paternity is not established. Courts may terminate parental rights for neglect or lack of contact. Florida requires 6 months of residency to take over jurisdiction. Consult local attorneys for personalized advice.

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We have an verbal agreement for visitation, does that matter to the courts?
In Illinois, verbal agreements are not legally binding in court. For it to be recognized, visitation agreements must be written, signed, and approved by a judge. Please consult a local attorney for further advice.
Even though we have a verbal agreement for visitation, will I get in trouble if I move out of state
In Illinois, if there's no court order:
- You're generally free to move as you wish.
- However, if he establishes paternity, it could affect future custody issues.
It's advised to consult with a local attorney before making any decisions.
How long does he have to establish paternity after I move
In Illinois, a man has up to 2 years after he knew or should have known about the birth of the child to establish paternity. However, exceptions may apply, so it's best to consult with a local attorney.
What happens if he doesn’t establish paternity
In Illinois, if paternity is not established:
- He won't have legal rights or responsibilities towards the child.
- He won't have a say in the child's upbringing.
- The child won't have rights to his inheritance, benefits, etc.
Consult with a local attorney for complete information.
How long after a move does he have to file with Illinois courts
In Illinois, if he wishes to establish paternity, he generally has up to 2 years from when he knew or should have known about the birth of the child. However, exceptions exist, hence consulting a local attorney is advised.
What are exceptions
In Illinois, exceptions to the *-year rule for establishing paternity include:
- The father was misled about his paternity.
- The father was prevented from asserting his paternity.
- The child's mother died or is incapacitated.
It's best to consult a local attorney for more specifics.
What is considered an absent father in illinois
In Illinois, an absent father is typically one who:
- Is not present in the child's life.
- Does not provide financial support.
- Has not established legal paternity.
- Has no legal or physical custody.
Please consult a local attorney for a more detailed definition.
Does seeing your child * times in 16 months make you an absent parent
In Illinois, there's no set rule on frequency of visitations that defines an "absent parent". Courts consider various factors like involvement and support in the child's life. It's best to consult a lawyer for personalized advice.
What can a father do to support their child
In Illinois, a father can support their child by:
- Establishing legal paternity.
- Providing financial support.
- Being consistently involved in the child's life.
- Complying with court-ordered visitation and custody agreements.
Please consult a local attorney for specific advice.
Does that only matter if there’s a court order in place
In Illinois, a father can still support their child without a court order by being involved and providing financial support. However, without a court order or established paternity, these actions may not be legally recognized or enforceable. Consult a local attorney for precise advice.
Why wouldn’t they be recognized or enforceable
In Illinois, without established paternity or a court order:
- The father's actions may not legally bind him to responsibilities or rights.
- The law may not recognize his support or involvement.
- He may not have enforceable visitation or custody rights.
Consult a local attorney for more detailed information.
If my child’s father isn’t on the birth certificate, how can my fiancé adopt my child
In Illinois, your fiancé can adopt your child by:
- Marrying you (Step-parent adoption)
- Obtaining the biological father's consent if paternity is established
- If paternity is not established, court may terminate his parental rights
Please consult a local attorney for specifics and legal procedures.
What would make the court terminate parental rights
In Illinois, a court may terminate parental rights if:
- The parent is deemed unfit due to neglect, abandonment, or abuse.
- The parent fails to show interest, concern, or responsibility for the child's welfare.
- The parent fails to maintain reasonable contact or provide support.
Please consult a local attorney for specifics.
What is Considered reasonable contact
In Illinois, "reasonable contact" is not specifically defined in law. However, it generally refers to regular and consistent communication or visitation that is in the best interest of the child. The specifics can vary based on circumstances. For personalized advice, please consult a local attorney.
If I move to another state could my fiancé adopt my child
Yes, your fiancé could potentially adopt your child in another state. However, the specific laws vary by state. Key factors usually include:
- Marital status (most states require marriage for step-parent adoption)
- Consent of the other biological parent
- Best interest of the child
Please consult with a local attorney in your new state for specific advice.
If I move to Florida can my fiancé adopt my child, if her father isn’t on her birth certificate
In Florida:
- Your fiancé can adopt your child if you're married (step-parent adoption).
- If the biological father's paternity isn't legally established, his consent may not be required.
- However, Florida law may still require notice to the biological father or a court hearing.
It's best to consult with a Florida attorney for specific guidance.
How long do I have to be in Florida to not have to come back to Illinois for a child custody case
In Florida, you'll need to establish residency for at least 6 months to file a case there. However, if the father files in Illinois before you establish residency in Florida, you may have to return for those proceedings. Consult with a Florida attorney for personalized advice.
Can you establish residency in Florida before 6 months
In Florida, you generally need to live continuously for at least 6 months to establish residency. However, some actions like obtaining a Florida driver's license or registering to vote can help demonstrate your intent to become a resident. Consult a Florida attorney for specific advice.
How do I establish residency in Florida
To establish residency in Florida:
- Live in Florida for at least 6 months
- Obtain a Florida driver's license
- Register to vote in Florida
- Register your vehicles in Florida
- File a Declaration of Domicile
Remember, a local Florida attorney can help you navigate these requirements.
How long does Illinois have jurisdiction over a child after they move out of state
In general, Illinois has jurisdiction until another state gains jurisdiction, which usually requires the child to live in the new state for at least 6 months. However, exceptions can apply. It's advised to consult a local attorney.
If I claim residency in Florida would they take over jurisdiction
In general, Florida could take over jurisdiction once you have resided there for at least 6 months and have established residency. However, complex factors can influence this, so it's advised to consult a Florida attorney for personalized advice.