If my ex-husband had his rights taken away by a judge a few years ago but he does still pay child support, do I need permission to move out of state?

He does still pay child support. The judge told me that it was up to me whether I let them see him or not. I do give him time with our 2 daughters when I know he has not been drinking or doing drugs. Now that I have finished 2 associate degrees, I want to move to another state and finish my bachelors, masters and doctorate down there. Can I legally take them without permission? Or are there papers I can file to do this legally?

Asked on July 5, 2012 under Family Law, Illinois


Russ Pietryga / Pietryga Law Office

Answered 8 years ago | Contributor

If your ex-husband's parental rights have been terminated, he has not rights.  As far as the law is concerned he is a stranger.  Because you are the sole custodian, you decide what is in your childre's "best interest". 

In short, you can do whatever you want.  However, it seems like he giving you money, call it child support, if you want.  When his rights where terminated, his responsibilities were also terminated.  I would not be suprised, if you move, you will no longer recieve money.

Hope this helps

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