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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 (31-40):
steviechick
by on Aug. 29, 2013 at 4:33 PM

group hug

CamsMommy0731
by on Aug. 29, 2013 at 4:59 PM
I can tell you from my personal case that if you move, expect to pay a lot or most of the transportation for the child.
my ex moved 4 hours away and the courts gave him 2 options, #1 stay where he moved to and pay for all the travel costs or #2 move back to the city we lived with initially.
He picked #1 and incurs the costs.
We live in Ontario, Canada and I would definitely look into getting information from a lawyer about this.
faerie75
by Ruby Member on Aug. 29, 2013 at 5:04 PM

 see, in my state (CA) it is opposite, if the father is on the birth cert and there is no CO, he can take the kid and not give them back and cops wont do shit, you have to go to court. equal rights.

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.

 

 

 

 
        
         

melissanoel
by on Aug. 29, 2013 at 5:22 PM
1 mom liked this

It just varies from state to state. What they do in CA seems like it would be the norm. I was actually surprised to find out Florida gives all the rights to the mother. My ex isn't really involved at all, so it worked in my favor. In other situations though I think it would be unfair to the father.

Quoting faerie75:

 see, in my state (CA) it is opposite, if the father is on the birth cert and there is no CO, he can take the kid and not give them back and cops wont do shit, you have to go to court. equal rights.

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.



 



guia
by Member on Aug. 29, 2013 at 10:33 PM
No you can't if dad is involved with his son and you leave without talking to him. They will search for you and lock you up. I know because I'm here alone and I don't have no one but me and my kids. I have my dd Monday thru Friday dad get her on weekend. Me and him where going back and forward to court some of my family lives in VA. And the the court told me i can't move out of state. If the son father is a part of his life why would you move far away. If the man that your going to merry why can't he move where your @ he has to understand that dad is involved with the baby if he love you he would do anything to be with you.
cjsmom1
by Platinum Member on Aug. 29, 2013 at 11:25 PM

Do you think he'll fight to have your son move back to the state you're in? Since there is no custody order it will be much easier for you to  move. You won't need his permission, but he can try to fight to stop you from being able to move.

SueSahara
by Member on Aug. 30, 2013 at 7:59 AM
Please Please Please get a custody agreement worked out through the courts. Your child right now has established residency in the state you live in now which means his father can and will file custody there and if you leave you will have to travel back and forth to deal with court and visitations at your own expense.
I have a friend right now who is spending almost $500 a month to trade off her daughter to her ex (she left because she wasnt getting any help from him and he hadn't seen their son in a year) the only reason he filed was to spite her for leaving and she barely gets $70 per month from him because he has one of those jobs were he can act like he doesn't really work.
If you are in denial about your child's father possible doing this Google it you will see tons of stories of moms losing the full custody that they always had or paying huge travel cost because they left the state.
Oh and if you are getting married anyway go down to the court houses get married a judge doesn't care if you are engaged until your married it doesn't matter.
witchybabymomma
by on Aug. 30, 2013 at 10:30 AM
Quoting Mom-does-hair:

I did not vote. Depends on the laws there and if you have a custody agreement and what it says.
THIS
easinpc
by Gold Member on Aug. 30, 2013 at 11:13 AM

You would need to set it up in the courts before you leave and just a heads up if he's an involved dad they may not let you take him away from him.  Good luck!

Pink.Sunshine.
by on Aug. 30, 2013 at 12:58 PM

no

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