My husband is getting ready to join the Navy. I have a daughter by a man who is not involved in her life at all. Am I going to be able to move to another state with my husband even though the childs father is here in Illinois?
2006-10-26 10:07:06 · 18 answers · asked by yeager_renee 2 in Pregnancy & Parenting ➔ Parenting
I was never married to him. State of Illinois law states that an unwed mother who gives birth to a child automatically gets full custody. So, I have that already. Probably moving to Florida. Husband has not signed with the Navy yet. Waiting to find out about this first.
2006-10-26 10:19:45 · update #1
If he has nothing to do with the child you should be able to get that approved, I had a sister in law that wanted to move with her child and she was going to have to pay for her ex husband to see the child, (air fare, or any other travel) but he ended up moving so she got out of it. I would contact a lawyer, but with you being in the military I think you would be exempt from this.
Good Luck, where are you moving to?
2006-10-26 10:10:30 · answer #1 · answered by kirsten215 3 · 0⤊ 0⤋
Coming from a guy that knows all too well, even though he IS involved in his child's life. YES. Mothers have more rights with children over the majority of the US than men do. I've heard of cases, from a judge, that a mother addicted to heroin, and convicted of prostitution still gets custody of the child over the father who, has a high paying job and is well respected in the community. You can do pretty much whatever you want, just remember, when the child gets older, just as they'll ask why their father did or didn't do things, they'll ask the same of you. Too bad he doesn't want to be in the child's life. I"d give anything to be with mine every day.
2006-10-26 17:14:43 · answer #2 · answered by jirstan2 4 · 0⤊ 0⤋
If the biological father is not having any court ordered visitation and is not paying court ordered child support, than you should be fine. If however, there is court ordered support in place, you need to notify the court. They will tell you what you need to do as far as notifying the father. However, in my 13 years as a military life, I have never heard of any mother with full custody of the child being denied the right to leave the state or the country in support of a military assignment. Still, do your homework now. If you are unsure of who to talk to, have your husband ask his recruiter for a referal to a local military legal office. They should be able to help.
2006-10-26 21:46:15 · answer #3 · answered by Annie 6 · 0⤊ 0⤋
I believe you can if your daughter father wants nothing to do with her. But you know how the court system is, if he wanted to be a a$$hole to you after you leave he can go to court and say you kidnapped her. Even tho he isn't in her life, neither one of you have "full" custody (that is what the court is gonna tell you). Unless you act now and file for full custody and if he doesn't respond to the court order for that it goes in your favor. I had my little girl father try to kidnap my girl from me when he had her one weekend. I called the police on him and that is the run around they gave. I told him,"She lives with me I take full care of her he sees her barley once a month". They told me it doesn't matter. So please go get some legal advice. I hope all goes well!!
2006-10-26 17:12:27 · answer #4 · answered by Rican Princess 5 · 0⤊ 0⤋
Yes, mam! Has your husband registered her as a dependent? Has he put her in DEERS as a step child? If all that is taken care of you're good to go. I'd tell the father you are leaving first if he does have a semi-active role in your daughter's life.
I agree with the other posters. Go to "Family Advocacy" and they will help you out with the matter of custody and such. Ask them all your questions before you leave.
2006-10-26 17:09:57 · answer #5 · answered by .vato. 6 · 0⤊ 0⤋
I would go to court and make it a point to let the father know even if he is a dead beat dad cause if you dont then he can say you never told him blah blah blah and give the court reason to give him the child no matter how dead beat he is. But i would be on the safe side and talk to a lawyer first and make sure it wont bite you in the end.
2006-10-26 17:10:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I just went through the exact same thing with my kids. My new husband is in the army and got reassigned to Arizona. The difference between you and me is that my ex has supervised visitation, every other weekend. If he does have visitation rights, just get an order to rearrange visitation, more than likely you'll get it because no judge would ever say that you can't leave. Your husband is in the military and has orders to leave. You'll be fine, Good Luck with everything!!
2006-10-26 17:18:42 · answer #7 · answered by BlairBear 3 · 0⤊ 0⤋
You need to talk to a lawyer in your area who is familiar with family law. You might get any answer here that you can imagine, but if you do leave IL and you shouldn't, and the girl's father complains, a defense of "I was told it was OK by someone on the internet" won't stand up very long.
2006-10-26 17:10:02 · answer #8 · answered by Ralfcoder 7 · 0⤊ 0⤋
if you live in Texas no you will not. the father has to agree with it in writing. if hes not in her life any ways then he probably want mind. you can go to court and a judge can give you permission to take her out of state. good luck to you. and tell your husband god bless him and be safe......p.s. even if you get permission you will have to pay the cost of all transportation for your child to come visit her father if he ask for visitation in the future. that is here in Texas any ways.
2006-10-26 17:13:39 · answer #9 · answered by BLOODHOUND 6 · 0⤊ 0⤋
yes if he is not involved and technicly u can move if she is in ur custody but u would have to let her see him on holidays and stuff like that
2006-10-26 17:09:47 · answer #10 · answered by Anonymous · 0⤊ 0⤋