With out any court order for support or visitation if she does leave what can i do to get my children back in illinos
2006-08-01 17:28:49 · 15 answers · asked by Anonymous in Family & Relationships ➔ Family
I FOUND THIS BUT IT GETS KINDA TECHNICAL...750ILCS5/609 I JUST SEARCHED IL COMPILED STATUTES its under marital disolution. just break it down to each number and you should find it.THANK YOU everyone i do not want my babies to leave with out me
2006-08-01 17:39:17 · update #1
Same circumstances: My nephew had an agreement to take care of baby's needs and 'mom' wouldnt go for child support.Paternity has to be established in his case.Thats a long story short.
2006-08-01 17:39:55 · answer #1 · answered by baghmom 4 · 0⤊ 0⤋
without any court order....then yes she can leave the state. The only thing you could do is file a petition for legitimation and visitation with the courts. Keep in mind that signing the kids birth certificate does not legitimate the child. Leagally, you have no rights until you go to court and establish them. I know that sucks, but its true. The option would be for you two to have a drop off point between the two homes, and the kids would spend 2 weeks or so with you every other month...etc...etc.....Your lawyer will help you devise a workable visitation plan. The friendlier the situation remains the cheaper its gonna cost you. If she is not in agreeance, then it will be up to the judge what the visitation schedule will be. The lawyers will propose your wishes to the judge, and her lawyer will submit her defense as well. The judge will hear both sides and judge accordingly. Good luck to you. I am a mother who just went through a lengthy (1 year) court battle with my ex boyfriend. It was ugly and he ended up getting no rights at all. I dont even have to ever let him see our daughter unless I want to. Keep in mind that the reason the judge ruled in my favor is because he never paid child support (7 year old child) never maintained a meaningful relationship with the child, and is a habitual alcoholic who has been incarcerated for a felony involving DUI. If you have had a relationship with your kids, have paid child support and can prove it, and have a clean record then things will be much better for you. Chances are you will come away with visitation, but your not going to be able to make her move back to the state your in. I hope things work out for you. Its good that a man wants to be a good dad.
2006-08-01 17:41:59 · answer #2 · answered by Anonymous · 0⤊ 0⤋
If you do not have a court order for child support, visitation, or any custody of the children there is nothing you can do. Sorry. Your question says "if she does leave" so if she hasn't left yet, you should go immediately to a lawyer and get something in the works to keep her there otherwise you won't be able to do anything once she does move, if you get visitation rights afterwards, she will just have to meet you half way or provide a way for the children to get to you, she won't have to move back.
2006-08-01 17:39:35 · answer #3 · answered by mrs d 3 · 0⤊ 0⤋
You were not legally married. And in the law, children will be under the birth mothers custody even the father is earning more. In that case, a child support will be given and therefore you should know where your children will be moving. Try to consult a lawyer maybe you can stop her from leaving with your kids.
2006-08-01 17:46:04 · answer #4 · answered by amber200271 2 · 0⤊ 0⤋
In the state of IL, unless you were married or have court orders, the mother has full custodial rights to the kids. The only thing you can do is file papers to gain joint custody or visitation. The first thing they will make you do is establish paternity.
2006-08-01 17:38:50 · answer #5 · answered by hethbabe 2 · 0⤊ 0⤋
Nothing except get a court order. Why don't you just let them go? Why should she have to give up her life because you want to force her to stay somewhere just so you can visit the kids every couple of weeks? You weren't concerned enough about them to stick around so just let them go, just because she had sex with you doesn't mean she shouldn't get to have a life. Wouldn't it be a whole lot easier for you to move to where they are? There is only one of you. How would you feel if she 'forced' you to move there because thats where she wants to be?
2006-08-01 17:35:59 · answer #6 · answered by dappersmom 6 · 0⤊ 0⤋
Unfortunately you need to hire a lawyer on this one. It's going to cost you, but you need to establish your rights as the father before this gets out of hand.
2006-08-01 17:34:04 · answer #7 · answered by Just Ducky 5 · 0⤊ 0⤋
Absolutely nothing, especially if you were not married. Your only option is to get a lawyer and sue for custody.
2006-08-01 17:33:09 · answer #8 · answered by cyanne2ak 7 · 0⤊ 0⤋
Yes she can. You were never married to her and so there were no divorce papers that were signed. So there was never a legal binding agreement that she had to stay within a certain distance of you.
2006-08-01 17:34:43 · answer #9 · answered by saralgreen07 1 · 0⤊ 0⤋
I really don't think that she can. Unless you gave up parental rights or you are not on the birth certificate. I think that is your right as a father, I am not too sure though.
2006-08-01 17:33:50 · answer #10 · answered by Anonymous · 0⤊ 0⤋