Family Law (Divorce, Family Relations)/Never Married-moving out of state with minor children
I have a question regarding a situation that may come across in the near future. I currently live in Rhode Island and I am looking to move to Chicago. I have two minor children. The father and I were never married. He does pay child support and sees his children every week. He's not a bad father and I am not doing it to be vindictive. He is a functioning alcoholic, but does not harm the children or anybody. I want to leave Rhode Island seek better opportunities, and I am engaged. My fiancee lives in Chicago and he can provide a home for us and has a job. I want to be with him and start a new life with my children, but I don't know what legal issues I am facing to make this move. I'm being told different things, but I want a straight answer. Advice would be very helpful please.
DISCLAIMER: I AM NOT A LAWYER: I would recommend that you seek out a Professional Attorney who specializes in FAMILY Law in your area PRIOR to moving or going to court.
You will have problems if you just move to Chicago without Fathers permission: The laws have become very strict now with primary parents moving: The courts want to ensure the parents keep a good relationships with the children. Since the father already sees the children every week this establishes the fact that he is being a father to his children.
Here is a link which explains the law for Rhode Island:
In any case, you must file a petition to the court to explain the following why you are moving: Now if you can work something out with the Father, depending on the ages of the children, both of you filing a motion for relocation with both parents approval will most likely be your best option. My ex and worked something out whereby my youngest son would live with me, and my daughters would live with her new family, but I had all Christmas and summer visitations.
Otherwise you will have to allow the courts to make the decision: In filing your petition, you will also have to notify the father of your intent to move, and also provide or serve him notice via petition of your intentions to move.
Hope this helps,