Divorce Lawyer New Hyde Park

You need to notify him by registered mail at least 30 days before you move or the Court could order you to return the kids to KS. If he objects to the move you will have a hearing set and will have to prove it is in the kids best interests to remain with you and work out how to give father his parenting time.

You cannot leave Illinois with your child without permission of the father and the court. You may have an order allowing you to move entered by agreement. If you do not have an agreement, you will need to petition the court for permission. See section 609 of the Marriage and Dissolution of Marriage Act.

You need permission form the court but that should be easy to get if there is no visitation in place. Look at your decree of divorce - it almost always contains a provision about the children being removed from the jurisdiction. Of course, as a practical matter, if you just move and no one complains, nothing happens. Maybe you can get a notarized letter from the father saying he does not object to your relocation and that would protect you as well. He is not harmed or even affected by the move if he does not visit the child anyway.

If you have full child custody, then you should be able to move to another state if it is necessary to do so. However, if your child's father still has a visitation order, then you will still have to make arrangements to allow him to see her. You may want to get the visitation order modified if it allows your child's father visitation on a fairly frequent basis that will be impossible to maintain once you move out of state, this way you are not violating the present visitation order.

You should speak to a lawyer right away about when you can move. Normally, it is best to go to court BEFORE you move so that legal action cannot be taken against you afterward. Get a court to approve your move in advance and there's little to worry about other than following the visitation schedule. If you fail to do that in advance, then you could stand to lose your child to the father in certain situations. You may also make the application in Family Court on your own. Good luck.