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caramelbunny · Sep 18, 2008, 04:42 PM

Hello! I have a 15month old litle girl with a father that has only saw her 6 hours of her life. He has shown no interest in her until the sheriff showed up at his door 2 days before her 1st birthday and now he says he wants to see her once a month since he already lives 4 hours away but has not acted for the past 3 months on his word. His name was not put on the birth certificate but we took a paternity test recently and he was shown to be her father. I got a job offer in Texas and I currently am living in Illinois as well as her father. I am wanting to move but I am not sure if I really can, we have our preliminary hearing in illinois(because I have the open case here) next week and I'm planning on moving in 3 weeks, now my question is if I were to move could he stop me and I how go about doing this? Would the case be transferred to tx after 6 months and if so, am I going to have to come back to Illinois if another court date was given within that 6 month spand? Since no custody or child support has been determined, would he have to sign anything in order for me to leave the state? Thank you so much!!

stinawords · Sep 18, 2008, 06:03 PM

As of right now you can leave. However, once visitation is established you can't move her out of state with out going to court first for a modification. And no the case won't transfer unless you petition Texas to take it over but if the father is still living in Ill it isn't likely that Illinois will give up jurisdiction so yes you would have to go to Ill for all court dates as well as pay for your daughters travel. I'm not trying to make you second guess your new job offer just giving the facts.

Fr_Chuck · Sep 18, 2008, 07:12 PM

Since it is filed, most likely the father can try and keep it in that court. Also many things such as what father has asked for, if he has asked that you don't move out of state, since the order is not in place, but if the father thinks you are moving, he can ask the court to order you not to, till the hearing is over.

caramelbunny · Sep 18, 2008, 07:27 PM

Originally Posted by stinawords

As of right now you can leave. However, once visitation is established you can't move her out of state with out going to court first for a modification. And no the case won't transfer unless you petition Texas to take it over but if the father is still living in Ill it isn't likely that Illinois will give up jurisdiction so yes you would have to go to Ill for all court dates as well as pay for your daughters travel. I'm not trying to make you second guess your new job offer just giving the facts.

I was told that the case will follow the child to wherever the custodial parent takes residency after 6 months.. (only without no custody or child support ruling).. so when I go to court, I will tell them I am taking a job to better me and my daughters life and moving to Texas and go from there with the courts and whatever the DA has to say. I already told her father I was moving and he hasn't tried to stop me ,yet if any, but I'm trying to prepare myself for the worst. Even if I do move and he is granted visitation, I doubt he would even show an interest.. but just in case, I need to know where I can stand legally. He couldn't keep me here can he? So you're telling me to be out of here before the custody or child support hearing right? But I should attend the preliminary hearing?

stinawords · Sep 18, 2008, 07:43 PM

I'm not telling you to be gone because that court will still have jurisdiction I'm not sure who told you the case would follow the child but they were misstaken you have to petition for a change in jurisdiction and often when on parent remain there that state won't give it up. It's not the support that makes the difference as to if you move it is the visitation and yes he can keep you there unless you get a judge to grant your move with the modification. You need to go to court next week and tell the judge you are wanting to move because of your job and at that time the judge will tell you if they forsee a problem with that such as if you should continue your plan to move or hold off on it.

caramelbunny · Sep 18, 2008, 07:53 PM

Originally Posted by stinawords

I'm not telling you to be gone because that court will still have jurisdiction I'm not sure who told you the case would follow the child but they were misstaken you have to petition for a change in jurisdiction and often when on parent remain there that state won't give it up. It's not the support that makes the difference as to if you move it is the visitation and yes he can keep you there unless you get a judge to grant your move with the modification. You need to go to court next week and tell the judge you are wanting to move because of your job and at that time the judge will tell you if they forsee a problem with that such as if you should continue your plan to move or hold off on it.

Thank you for your help!

cdad · Sep 19, 2008, 03:05 PM

Originally Posted by caramelbunny

i was told that the case will follow the the child to wherever the custodial parent takes residency after 6 months..(only without no custody or child support ruling)..so when i go to court, i will tell them i am taking a job to better me and my daughters life and moving to texas and go from there with the courts and whatever the DA has to say. i already told her father i was moving and he hasnt tried to stop me ,yet if any, but im trying to prepare myself for the worst. even if i do move and he is granted visitation, i doubt he would even show an interest.. but just in case, i need to know where i can stand legally. he couldnt keep me here can he?? so youre telling me to be out of here before the custody or child support hearing right?? but i should attend the preliminary hearing??

If you go into court and tell them your taking a job to better your life and the child's your going to have to qualify that answer. Its just not that simple. Stina is making good points. Who ever told you about the residency rule was sadly mistaken and it doesn't work that way at all. The support follows the child but the case doesn't.

caramelbunny · Sep 19, 2008, 04:29 PM

Originally Posted by califdadof3

If you go into court and tell them your taking a job to better your life and the childs your going to have to qualify that answer. Its just not that simple. Stina is making good points. Who ever told you about the residency rule was sadly mistaken and it doesnt work that way at all. The support follows the child but the case doesnt.

You say I must qualify that answer meaning I have to have proof of the job?

stinawords · Sep 19, 2008, 06:18 PM

Not only proof of the job but also proof of how it will make the child's life better. Especially because it means moving the child away from the other parent (not good in the judges eyes) it is a hard sale to make.