When my son was born, the father and I were seperated and we both lived in Ohio. Both of our parents live here, grandparents, etc. His fiance at the time (Now wife) suffered a miscarriage about 3 months after my child was born. She decided at that time that she would like to move back to her home state of Wisconsin. The father was going to go with her. At that time, I decided to not have my fiance move to Ohio but instead to move to Chicago (About an hour from where Father was planning on moving). I did this so he could be closer to his daughter. A child support order was put into effect in the state of Ohio before we moved. No custody order had been issued at that point, we were trying to do it without getting lawyers involved. I had physical custody.
About 2 years after my move to Chicago, the father and I setup a custody order in the state of Illinois, child support is still in Ohio. We came to the agreement of every other weekend and two weeks over the summer, alternating holidays. He was to come to my house for pick up and delivery.
About a year after that, my husband was diagnosed with cancer, it was a very long process and he eventually passed a little over a year ago. I asked the bio father if it would be okay for me to move back to the state of Ohio. My child and me would be closer to my family and his and I'd also be able to attend school and finish my nursing degree. He agreed and signed a paper saying that he gave me permission to make Ohio my permnant home with my daughter. This was a paper writen by my lawyer. He signed and had it notarized, as did I.
Now, I agreed to go to Wisconsin at my own expense every month for her to have one weekend a month with her father, she gets two weeks every month over the summer (He has only excersized one of these weekends, due to lack of a babysiter) and he gets her every Christmas break, spring break and I try to make his once a month weekends on 4 or 3 day weekends when I can. He also has my full support to take her whenever he comes to Ohio to visit his parents. He did not agree to any of this, I volunteered it because I was the one who needed to leave the state. His child support doesn't even cover half of my travel expenses.
Now here is my question, because this was not filed with a court, my lawyer informed me that in the original custody issue it said that I could either have court permission to move or writen permission from the father, can he fight me to have her brought back to the state of Illinois? And if so, what state would have jurisdiction? The way I see it there are three states involved Ohio (Where the child and I have been living for over a year and the child support order was put into place), Illinois (Where the Custody order was put into place and we lived for 3 years), and Wisconsin (Where the father lives right now).
I hope I have given enough information for someone to help me.
About 2 years after my move to Chicago, the father and I setup a custody order in the state of Illinois, child support is still in Ohio. We came to the agreement of every other weekend and two weeks over the summer, alternating holidays. He was to come to my house for pick up and delivery.
About a year after that, my husband was diagnosed with cancer, it was a very long process and he eventually passed a little over a year ago. I asked the bio father if it would be okay for me to move back to the state of Ohio. My child and me would be closer to my family and his and I'd also be able to attend school and finish my nursing degree. He agreed and signed a paper saying that he gave me permission to make Ohio my permnant home with my daughter. This was a paper writen by my lawyer. He signed and had it notarized, as did I.
Now, I agreed to go to Wisconsin at my own expense every month for her to have one weekend a month with her father, she gets two weeks every month over the summer (He has only excersized one of these weekends, due to lack of a babysiter) and he gets her every Christmas break, spring break and I try to make his once a month weekends on 4 or 3 day weekends when I can. He also has my full support to take her whenever he comes to Ohio to visit his parents. He did not agree to any of this, I volunteered it because I was the one who needed to leave the state. His child support doesn't even cover half of my travel expenses.
Now here is my question, because this was not filed with a court, my lawyer informed me that in the original custody issue it said that I could either have court permission to move or writen permission from the father, can he fight me to have her brought back to the state of Illinois? And if so, what state would have jurisdiction? The way I see it there are three states involved Ohio (Where the child and I have been living for over a year and the child support order was put into place), Illinois (Where the Custody order was put into place and we lived for 3 years), and Wisconsin (Where the father lives right now).
I hope I have given enough information for someone to help me.
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