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dsnyder1908 · Jun 27, 2013, 07:45 PM

My ex boyfriend and I went to court over a year ago. The judge granted me sole legal and physical custody of our 2 kids.. I have already moved to another state and the father can't do anything about it. He is ordered to pay support, but doesn't, except when he feels like it. He is ordered to see the kids every other weekend and he doesn't do that either.. I live in Illinois and he lives in Indiana. We meet halfway. Our case was settled in Indiana, but since the kids and I live in Illinois, can I have my case moved to Illinois?

ScottGem · Jun 28, 2013, 03:05 AM

Are you filing any more motions? Why do you need the case moved? To collect support?

AK lawyer · Jun 28, 2013, 03:36 AM

If, as ScottGem asks, you want the "case moved" for your convenience in getting the courts to force your ex to pay child support, no. Not only is it unlikely that you could get it moved, even if you could it would make it much more difficult. Your ex is in Indiana; you want to be able to ask an Indiana court to help you with collecting child support.

If it's a matter of having to travel to the court to attend hearings, etc. there are ways to avoid that.

dsnyder1908 · Jun 28, 2013, 05:43 AM

For me to file anything against him I have to drive 5 hours there and 5 hours back. He has no rights to them besides visitations and he can't even do that when he is suppose to... He only has to pay child support, no half of school fees, supplies, extra activities, or anything. Im tired of him, he tells me that he will pay his support when he wants and that my parents and my boyfriend better not help me in anyway raise the kids.

ScottGem · Jun 28, 2013, 08:35 AM

I would suspect there are alternatives to you driving 5 hours to file. You would have to check with the court.

But Indiana, should have an agency to help collect support. If he is working they should be able to garnish his wages. Have you contacted the agency?

Nor does he have any say as to who helps you.

AK lawyer · Jun 28, 2013, 04:47 PM

Originally Posted by ScottGem

I would suspect there are alternatives to you driving 5 hours to file. You would have to check with the court.
...

Exactly. Dsnyder1908, you should be able to mail your filing to the clerk of court. Call the clerk to find out the exact procedure.

Fr_Chuck · Jun 28, 2013, 11:43 PM

The father has rights, sole custody does not take away many rights of a father, also visitation is a right, and unless the court allowed you to move, he had a lot he could have done the week or month you moved, he could have filed to order the children back to his state.

But as long as he lives in that state, it can not be just moved, he would also have to agree to it.