If my children’s father hasn’t interacted with them for 9 years but pays child support via garnishment, can I move out of state without his consent?

We have never had custody order established, I have always had the children; he has never shown any interest in them. They are 14 and 16 years of age. My husband and I are looking to relocate to another state but are wondering if the father would have a say so.

Asked on July 25, 2012 under Family Law, Illinois


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, I see no real issues for you to move out of state without giving him notice about such. However, to be on the safe side, I suggest that you file a petition with the court in order to get an order from it approving the relocation where the notice of such is served upon your children's father well before the hearing.

To implement the above suggestion I suggest that you consult with a family law attorney to help you on your endeavor.

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