Ask Me Help Desk - Can I move out of state with my kid from Indiana to Illinois

Can I move out of state with my kid from Indiana to Illinois

I have full custody of my son. Was not married, never been to court the only thing was signed was since I filed for medical card for my son and since he doesn't paid support he had to hold health insurance is medical card does not pay. Has no visitation rights. So can move from Indiana to just right over the Illinois state line cause of my husband's job required to move

As long as there are no court orders for visitation, yes you can move.

Is the father on the birth certificate?

If so, in most states both parents would, strictly speaking, have shared legal custody. However Illinois happens to be an exception to that: mothers are presumed to have custody unless the father goes to court to get visitation/custody.

Quote:

Originally Posted by AK lawyer

Is the father on the birth certificate?

If so, in most states both parents would, strictly speaking, have shared legal custody. However Illinois happens to be an exception to that: mothers are presumed to have custody unless the father goes to court to get visitation/custody.

The OP is currently in Indiana seeking to move to Illinois. At this time Indiana law applies to the current situation.

Quote:

Originally Posted by AK lawyer

Is the father on the birth certificate?

If so, in most states both parents would, strictly speaking, have shared legal custody. However Illinois happens to be an exception to that: mothers are presumed to have custody unless the father goes to court to get visitation/custody.

But I do no under Indiana law that out of married that mother has sole custody unless both parents signed for joint n then the father has to do a DNA test within thirty days from birth

Quote:

Originally Posted by cdad

The OP is currently in Indiana seeking to move to Illinois. At this time Indiana law applies to the current situation.

Right. I must have mis-read it earler.

Quote:

Originally Posted by drake082913

But I do no under Indiana law that out of married that mother has sole custody unless both parents signed for joint n then the father has to do a DNA test within thirty days from birth

Yes, that's sort of what IC 31-14-13-1 seems to indicate. So Illinois and Indiana seem to both have such a rule.

Quote:

Originally Posted by cdad

The OP is currently in Indiana seeking to move to Illinois. At this time Indiana law applies to the current situation.

We have already moved to Illinois but by the law in both state it goes of the home state of the child to which jurisdiction it applying to. Which he was born in Indiana but unless living in Illinois for six months straight them the home state switches

Quote:

Originally Posted by drake082913

But I do no under Indiana law that out of married that mother has sole custody unless both parents signed for joint n then the father has to do a DNA test within thirty days from birth

Im not seeing that anywhere. I did find this.

IC 31-17-2.2-2
Initial custody determination
Sec. 2. (a) If a party provides notice of relocation at an initial
hearing to determine custody, the court may consider the factors set
forth in this chapter in the court's initial custody determination.
(b) The court may consider a proposed relocation of a child as a
factor in determining whether to modify a custody order, parenting
time order, grandparent visitation order, or child support order.
As added by P.L.50-2006, SEC.7.

The basics of it being that you should go to court before the move or he could go when you move and cause you to return the child to Indiana.

Quote:

Originally Posted by drake082913

We have already moved to Illinois but by the law in both state it goes of the home state of the child to which jurisdiction it applying to. Which he was born in Indiana but unless living in Illinois for six months straight them the home state switches

How long have you lived in Illinois? Also if you already moved then why ask the question the way you did ?

Quote:

Originally Posted by drake082913

We have already moved to Illinois but by the law in both state it goes of the home state of the child to which jurisdiction it applying to. Which he was born in Indiana but unless living in Illinois for six months straight them the home state switches

His dad is saying it is kidnapping because I moved out of state but less then a hour away. And that he is going to take me to court so I'm just wondering if he does if I'm going to come out on top

Quote:

Originally Posted by drake082913

His dad is saying it is kidnapping because I moved out of state but less then a hour away. And that he is goin to take me to court so I'm just wondering if he does if I'm going to come out on top

Did you inform him you were moving? Does he have your current address? Are any restraining orders involved?

Quote:

Originally Posted by cdad

How long have you lived in Illinois? Also if you already moved then why ask the question the way you did ?

Cuz he never said anything until after 7 months after we had moved and the DNA is a document you have to sign at the hospital before a baby can even be released. We told him we were moving 6 months before we did so it was no last minute decision.

Quote:

Originally Posted by drake082913

His dad is saying it is kidnapping because I moved out of state but less then a hour away. And that he is goin to take me to court so I'm just wondering if he does if I'm going to come out on top

His dad is blowing smoke. As long as you have kept him informed as to your address, it is not kidnapping,

Since there was no visitation ordered by a court and since he had made little if any attempt to spend time with his son, I can't see his winning court. In fact, I'm betting he's just trying to frighten you and has not intention of going to court.

Quote:

Originally Posted by ScottGem

His dad is blowing smoke. As long as you have kept him informed as to your address, it is not kidnapping,

Since there was no visitation ordered by a court and since he had made little if any attempt to spend time with his son, I can't see his winning court. In fact, I'm betting he's just trying to frighten you and has not intention of going to court.

I can't agree with this just yet. I think we need more information from the OP. From the way the thread is reading I don't think everything has been upfront with this situation. We need to find out if the NCP has been kept abreast of addresses and ways to reach the child.

Im not sure that notification was even given properly or if this was something that may have been understood as a threat.

Quote:

Originally Posted by ScottGem

His dad is blowing smoke. As long as you have kept him informed as to your address, it is not kidnapping,

Since there was no visitation ordered by a court and since he had made little if any attempt to spend time with his son, I can't see his winning court. In fact, I'm betting he's just trying to frighten you and has not intention of going to court.

We have informed him of everything. My husband and I just had twin and ever since that he been causing problems with us. My husband thinks he is jealous because of the relationship my husband and son have because they are really close but I just don't want have worry.

Quote:

Originally Posted by drake082913

We have informed him of everything. My husband and I just had twin and ever since that he been causing problems with us. My husband thinks he is jealous because of the relationship my husband and son have because they are really close but I just don't want have worry.

So why doesn't your husband adopt him?

Quote:

Originally Posted by ScottGem

So why doesn't your husband adopt him?

I guess never thought about doing that

Have you ever filed against him for support?