Ask Me Help Desk - Child custody

Child custody

I got pregnant at the age of 18 with my ex boyfriend Levi. We broke up when my daughter, Sydney, was about 3 months old. Levi has never paid me child support. And I never took him to court for custody or child support. I moved in with my boyfriend to Florida under the terms that my ex Levi would be able to see Sydney every other month. I don't want to do this, and I want to have custody at least to where I will be able to live in Florida and Levi will stay in Illinois and see Syd maybe during the summer or something. Just so I don't have to drive halfway to Illinois all the time. How can I do this?

You go to court and petition the judge for physical custody.

You take him to court for custody and tell the Judge that you feel the best interest of Sydney would be for the father to have joint custody or partial custody and that with the distance you want something that requires minimal travel.
I know many visitations that are long distance go something like this once the child is in school.
Parent where child is enrolled in school gets custody during school term. Other parent gets child during summer months and
Christmas and/or Easter break.
Also file for child support and when you do not receive it you can file that he is in contempt of his court order.

When did you move from Illinois?

Need to know before you can get a good answer.

Quote:

Originally Posted by califdadof3

When did you move from Illinois?

Need to know before you can get a good answer.

GOOD QUESTION!

What about jurisdiction? Where should this case be filed, Illinois or Florida?

Quote:

Originally Posted by cadillac59

GOOD QUESTION!

What about jurisdiction? Where should this case be filed, Illinois or Florida?

Depends on the residency requirements of the state. If they have only been in Florida a short time then they would have to file in Illinios. So long as the Bio dad still lives there.

Quote:

Originally Posted by califdadof3

Depends on the residency requirements of the state. If they have only been in Florida a short time then they would have to file in Illinios. So long as the Bio dad still lives there.

No. It has nothing to do with the residency requirements of the state. It's governed by the UCCJEA.

If the mom and child have been in Florida less than 6 months the dad could file in Illinois and jurisdiction will remain there as long as the dad continues to reside there. If the mom and child have been in Florida more than 6 months (and in the interim the dad hasn't filed an action for custody in Illinois) then Florida has jurisdiction because that state has become the child's "home state" for UCCJEA purposes. If mom wants to initiate the action and it's been less than 6 months since the move case law in some states would require mom to file the case in Illinois (we have a case that says this in California but I think it is debatable under the UCCJEA whether this is absolutely required if the dad has taken no action of his own to establish custody).