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What right do my son and I have since my ex-husband ( son's father) has not made any contact in 6 months? Is that desertion?
Anonymous7 views4 answers
6 months ago, my son told his father he did not want to go with him anymore. We have not heard a word out of him since that time. We are on the court ordered "our family wizard" site, which is the only way we communicate, so I have this documented, that there has been no contact or attempted contact by him. He's behind in child support and medical bills that have been posted to the site. My son and I want to move to another state and start a better life. Would the judge allow us to do this? I hear my ex got into some trouble and we believe he is no longer in the state. He lost is business, home and possibly his wife. He has a conceal and carry, my son and I are scared and always looking over our shoulders. We need to get out of the area.
Denis M GravelDivorce / Separation LawyerGurnee, IL ·
Effective January 1, 2016, the law regarding Removal/Relocation is changing in Illinois. There will be very specific factors set out in the law that courts are to consider when deciding to grant relocation. Relocation will be defined as any move more than 25 miles from the current residence. Currently you can move 5 hours south (as long as you stay in Illinois) but not 10 miles north into Wisconsin. That will all be different after 1/1/16. You should consult with a Family Law attorney. The extent of the relationship between father and the child will be weighed.
You have a number of issues that are beyond the scope of this simple online forum. If you wish to move out of state, you need to hire an attorney and file a petition for removal. If your ex is behind in child support, you need to hire the same attorney to file a petition for rule and enforce the prior order for support. Do not dwell on desertion. Focus on your son and what is best for him, and right now that includes speaking to one or more family law practitioners in your area and hiring the one you like the best. Remember just because dad is absent for 6 months does not mean he will agree to your moving out of state with his son. Discuss all your options and get good legal advice and then proceed.
This is way too complicated to answer or even intelligently discuss on an online forum. You should set up a phone or in person consult with a good family law attorney. Many offer free consults. As Denis points out, the removal law is changing effective Jan. 1. There are many factors to consider here and you need a good lawyer on your side to fight for your son.
