Subscribe in a reader

Parentage and Child Support -- Don't Remove a Child from Illinois Without A Court Order (Unmarried Parents)!

If you are an unmarried parent considering taking your child out of Illinois--stop! You need a court order first. Even if there is no existing parentage order or custody order in place, you need permission from the court to take a child out of state. (Note that if the other parent OKs the travel out of state, and it is a vacation for example, an order is probably not needed).

That is the recent decision by the Illinois Supreme Court in Fisher v. Waldrop, 2006 WL 1029682 (Ill. 2006). The Court decided in that case that even in a case involving unmarried parents, the parent seeking to remove the child must request permission from the court and must prove that the move will benefit the child (see my other post below for more on removal).

So do not assume that you can take your child out of state in any case -- get an order first. Removal of a child from the state without an order may be a crime and incur civil penalties as well. Even if the other parent does not care what happens, get an order. You don't want to regret it later.

If you are trying to prevent removal of your child from Illinois, or you wish to move out of Illinois with your child, please call attorney Raiford Palmer at 630.434.0400 Ext. 165.

posted by Raiford Palmer at 1:39 PM

<< Home