Dallas, GA asked in Child Custody and Family Law for Illinois

Q: What needs to be in a letter from the other parent to consent to move their child out of state? No courts are involved

My brothers name is on birth certificate however never married to his sons mother. She gave him their child a year ago as she didn't have a job, on drugs and nowhere to stay after her mom died. My brother is now moving to Georgia since him and his girlfriend and mother of his other 2 kids(and the person helping him take care of his other child) are breaking up and he has no where else to go in Illinois. The mother of the child moving with him is currently in rehab and she agrees to let him move the child out of state.

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1 Lawyer Answer
David Wolkowitz
David Wolkowitz
  • Skokie, IL
  • Licensed in Illinois

A: I am not sure what letter you are referring to. If a case was opened, a letter in regards to removal might be appropriate. However, your brother could open a court case or he risks the mom going to court in Illinois and convincing a judge that your brother wrongfully took their son from Illinois. The mom might say it is okay for the son to relocate with your brother, but she is an addict, and they often lie and make desperate moves for one reason or another.

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