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Is it illegal to move out of state with your child if the father is in the state you are moving TO.

I am trying to move from Illinois to Arizona. My daugther's father lives in Arizona but plans to come back to Illinois in 6 months. We only have a child support ruling. We have not gone to court at all for custody and have no pending case to do so. He is trying to stop me from moving to Arizona only because he doesn't plan on staying there. Can I move anyway??

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Asked by worriedinill at 2:23 PM on Oct. 15, 2012 in Preschoolers (3-4)

Level 1 (3 Credits)
Answers (8)
  • If there's nothing that stated that you can't, then you can. However, he can try to get the court to force you to move back to Illinois. But, of course, that you will require him to spend a lot & he may or may not win.

    Answer by 3libras at 2:26 PM on Oct. 15, 2012

  • I would go to the courts and get everything spelled out, simply because I wouldn't want any surprises at all.

    Answer by missanc at 2:26 PM on Oct. 15, 2012

  • I don't think it's illegal if there's no custody order, but that doesn't mean you can do it with no complications, either. He can fight you and try to get you ordered to move back.

    If I were you, I'd find a lawyer and ask them about this to make sure that whatever you do can't come back to bite you later.

    Answer by wendythewriter at 2:27 PM on Oct. 15, 2012

  • I can't afford a lawyer, his mommy hired one for him already.

    Comment by worriedinill (original poster) at 2:32 PM on Oct. 15, 2012

  • if there is no custody agreement or visitation arrangement in place by the courts then he can not stop you but you better move BEFORE he gets in court- once the motion is made, you will ahve to get approval from the courts to move. Seeings he has been in another state - they probably will not stop you but who knows these days.

    Answer by luvmygrandbaby at 2:35 PM on Oct. 15, 2012

  • Were you married to him? Does it state anywhere in divorce or court documentsthat you can not move out of state with the child. Does it say you have to have his permission?


    Answer by louise2 at 2:58 PM on Oct. 15, 2012

  • Never married. Only thing that went through court was child support. There is no mention of moving out of state anywhere in any paperwork. I have a consultation with an attorney scheduled for the 17th

    Comment by worriedinill (original poster) at 3:39 PM on Oct. 15, 2012

  • Well then, you can do anything you want if their is no court papers saying you can't. Untell he does go to court and restricts you. You are free to do whatever you want.

    Answer by louise2 at 8:19 PM on Oct. 15, 2012

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