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Can I move with my son from Illinois to another sate without his dad permission ?


 

Poll

Question: Can I legally move with my son from Illinois to another state without his dads permission ?

Options:

Yes

No


Only group members can vote in this poll.

Total Votes: 14

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I'm getting married to an active sailor and I have a 1yr old son with another man, some days we are okay and some days we are not. He changes his mind a lot because he doesn't want me to move on. Can I move with my son and then make agreements with his dad to take him on vacations and holidays ? Or will I get In trouble.. Also we were never married and he is on my sons birth certificate. 

by on Aug. 29, 2013 at 12:04 AM
Replies (21-30):
faerie75
by Ruby Member on Aug. 29, 2013 at 11:48 AM

 no two cases are alike. maybe your kids dad was not active, etc. maybe your state favors the mother. in my state, that shit dont fly.

Quoting cupcake_mom:

Then i guess the judge that gave me my court order and the judges that gave my friends their orders are ask wrong......and so was my lawyer.......

Quoting faerie75:

 um, no its not if she chose to move.


Quoting cupcake_mom:

If they give him visitation it is up to him to get to his son and back or get his son to him and back not the other way around! The custodial parent is not in charge of transporting for the non custodial patent.


Quoting krisnkids:


Sure you can move, but dad can run to the courts and request that the child be immediately returned to the state. In other words, it can look like you are trying to run with the child. Go through the court system, request primary custody with a long distance parenting plan for the child. Expect to pay all transportation costs, which yes, that would included dad's ticket because the child is too young to fly by his/herself.


 

 

 
        
         

pedritosmama
by Member on Aug. 29, 2013 at 11:57 AM

Go through the courts just to be safe.  Ask the father first.  If the father says no, then file a request for relocation through the courts.  Don't risk it.  If you move, and THEN the father files an objection, the court may order you to return the child and you don't want to go through that.

faerie75
by Ruby Member on Aug. 29, 2013 at 11:59 AM

 also, they might order you to return the child to DADS custody. it isnt likely but its possible, you dont want that to be you OP.

the best idea is to talk to the dad. offer to pay for travel costs and give him a lot of vacation time visitation.

MixtlisMomme
by on Aug. 29, 2013 at 1:34 PM

You will get in trouble because he can say you kidnapped the child. Since he IS on the birth certificate you guys have 50/50 automatically until a judge decides different. I would go to a judge and request permission.

steviechick
by on Aug. 29, 2013 at 2:45 PM
1 mom liked this

group hug

melissanoel
by on Aug. 29, 2013 at 4:12 PM

Not necessarily. It depends on the state. I live in Florida and my ex is on the birth certificate. We are no longer together and by default I have sole custody. He has never taken me to court, so he has no official visiation or rights. I let him see her whenever he wants, but if I didn't want to he would have to take me to court to see her. My attorney told me I can have him arrested for kidnapping if he ever refused to bring our daughter back.


Quoting MixtlisMomme:

You will get in trouble because he can say you kidnapped the child. Since he IS on the birth certificate you guys have 50/50 automatically until a judge decides different. I would go to a judge and request permission.



MixtlisMomme
by on Aug. 29, 2013 at 4:18 PM
Well yea because u both came to an agreement but to save herself any drama I would go to a judge and request permission to move far that way if he ever wants to do something he wont be able to because they will have granted her permission


Quoting melissanoel:

Not necessarily. It depends on the state. I live in Florida and my ex is on the birth certificate. We are no longer together and by default I have sole custody. He has never taken me to court, so he has no official visiation or rights. I let him see her whenever he wants, but if I didn't want to he would have to take me to court to see her. My attorney told me I can have him arrested for kidnapping if he ever refused to bring our daughter back.



Quoting MixtlisMomme:

You will get in trouble because he can say you kidnapped the child. Since he IS on the birth certificate you guys have 50/50 automatically until a judge decides different. I would go to a judge and request permission.





hayliedlr
by JoAnna on Aug. 29, 2013 at 4:20 PM

I would call and check it out first

melissanoel
by on Aug. 29, 2013 at 4:23 PM

I agree with you. When in doubt it 's defnitely better to be positive about your rights before you make a big move like that.


Quoting MixtlisMomme:

Well yea because u both came to an agreement but to save herself any drama I would go to a judge and request permission to move far that way if he ever wants to do something he wont be able to because they will have granted her permission


Quoting melissanoel:

Not necessarily. It depends on the state. I live in Florida and my ex is on the birth certificate. We are no longer together and by default I have sole custody. He has never taken me to court, so he has no official visiation or rights. I let him see her whenever he wants, but if I didn't want to he would have to take me to court to see her. My attorney told me I can have him arrested for kidnapping if he ever refused to bring our daughter back.



Quoting MixtlisMomme:

You will get in trouble because he can say you kidnapped the child. Since he IS on the birth certificate you guys have 50/50 automatically until a judge decides different. I would go to a judge and request permission.







MixtlisMomme
by on Aug. 29, 2013 at 4:25 PM
Yes its better to protect yourself that way, get it all in writing. Less stress too


Quoting melissanoel:

I agree with you. When in doubt it 's defnitely better to be positive about your rights before you make a big move like that.



Quoting MixtlisMomme:

Well yea because u both came to an agreement but to save herself any drama I would go to a judge and request permission to move far that way if he ever wants to do something he wont be able to because they will have granted her permission





Quoting melissanoel:

Not necessarily. It depends on the state. I live in Florida and my ex is on the birth certificate. We are no longer together and by default I have sole custody. He has never taken me to court, so he has no official visiation or rights. I let him see her whenever he wants, but if I didn't want to he would have to take me to court to see her. My attorney told me I can have him arrested for kidnapping if he ever refused to bring our daughter back.




Quoting MixtlisMomme:

You will get in trouble because he can say you kidnapped the child. Since he IS on the birth certificate you guys have 50/50 automatically until a judge decides different. I would go to a judge and request permission.











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