[IL] What steps are needed to seek full custody when a co-parent plans to relocate?

IL Family Law

Liz

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In your situation, you would start by filing a petition for custody in the family court in your area. This petition would outline your request for full custody and your concerns about the relocation, which under Illinois's parental relocation statute (750 ILCS 5/609.2) requires written notice before a move of this distance and, absent agreement, court approval. Once filed, the court will schedule a hearing where both you and the other parent can present your cases. The court will consider factors like the child's best interests, your current involvement, and the impact of the move. If the court finds the relocation isn't in the child's best interest, they may order the mother to turn the child over. Custody without an order isn't automatic in any way. Nothing is enforceable until it's done via court order. That's why while she should have filed to set a plan when you objected, it can't really be enforced yet.

Illinois Custody (Parenting) Plan

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Parental rights.

Lexi, Chatbot

I understand that parental rights can be a complex and emotional issue. Can you please share if you are seeking to establish, modify, or terminate parental rights?

Relocation, not going through court.

Lexi, Chatbot

Are there any specific circumstances or events that have led to your current situation regarding parental rights?

Relocating.

Lexi, Chatbot

Is there anything else the Family Lawyer should know before I connect you? Rest assured they'll be able to help with relocating.

I don't know.

Liz

Hi there! Welcome to AskaLawyer. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information-only site. No attorney-client relationship is formed from our conversation. So I can best help, is there any current custody order?

I just curious if there's anything I could do to take full custody of my child. Without going through court for trial relocation. Like a breach of contract or something

Liz

Is there currently an agreement in place? Also, which state is it in?

Illinois, its really split some weeks I have 3 days 4 night for 4 days/night and visa versa. But its always just been her bc shes the mother.

Liz

Is that agreement through the court though or is it just between you two?

Just between us 2.

Liz

In Illinois, both parents have equal rights to custody and decision-making unless a court order states otherwise. This means that without a formal agreement, both parents are presumed to have equal rights to the child. Illinois law requires that if a parent wishes to relocate with a child, they must provide notice to the other parent and, if the other parent objects, seek court approval. This is to ensure that the relocation is in the best interest of the child. Will the other parent agree?

So what if she didnt provide notice?

Liz

Did you establish paternity?

Im on the birthday certificate and know 99.99% blood tested.

Liz

Did you also sign the affidavit of parentage?

I dont have a affidavit of parentage rights

Liz

It's also sometimes called an acknowledgment of paternity. It's usually signed at the hospital.

Probably, I was there. I didnt sign the birth certificate until the after blood test and then we got it. That special stamp. Notary stamped. How would I be able to find that if I did unaware?

Liz

Vital records would have a copy. Although, without the court, if she has taken the child out of the area, you usually cannot force them back. If you cannot agree, a court is required. Does that make sense?

Ive been wanting full custody but shes now bidded on house moving about 25+ miles away so my time would be more limited. What court proceeding would that be? You've mentioned earlier that, she would have to provide notice and/or seek court approval if denied

Liz

To pursue full custody or address the relocation issue, you would typically need to file a petition in family court. This would be an initial petition for custody, since nothing formal has been filed before. She should have filed when you disagreed, but without a formal order, it can't be enforced.

Can you tell me how what that looks like in my situation? Im not fully understanding that. Its to address the relocation issue but shes going to have to move because the offer got accepted so without approval my kid would come into my full custody and since the school address is as well. Or no?

Liz

But its that just a small piece without doing all the other child court things like child support and so on.

Liz

Usually you would do child support at the same time, as they can be tied together, unless you reserve the issue for later.

Yeah I dont want to anything extra. But the courts usually push it anyways. Thats something I want to avoid really. What would I file petition for full custody and thats it?

Liz

I understand your concern about not wanting to involve child support issues right now. When you file for custody, you can specify that you're only addressing custody and relocation at this time. You could state you're reserving the support issue, that can usually get the court to back off.

Would i have to hire a attorney.

Liz

You can represent yourself, it's called being pro se. I hope I was able to help. If you have any other questions, feel free to ask.

Liz

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