SPARC Forums

I have 3 year old daughter, and was never married. My question is what rights do I have to prevent mother from removing child from state (IL).

Does this fall under state statues for dissolution of marriage ??

You were never married and unless you have a custody agreement you have no rights whatsoever.  The Mother can do exactly what she wants to with the child.

If you have a custody order, then you need to file an RO that the child cannot leave the state.

If she hasn't moved yet, you need to get the ball rolling on a custody order and let your atty know she's trying to remove the child from that state.  Once she moves and establishes residency in another state, you will have to go there to get an agreement.

Do it NOW!

At the top of this page is a link for search, use the pull down and choose search all.  In the search field put

move away

and you're going to get a ton of documentation.  To stop her, you are going to need an attorney and file a motion immediately to keep her from doing this.

My husband had same situation. Mother tried to remove child. He filed an emergency restraining order and prevented her from moving.

To this day the mother is unable to move the child away from teh father. We had it written inteh plan that if the mother moves for any reason the father automatically gets custody. It's binding now!