My sister had a baby with her boyfriend 5 years ago. Their relationship didn't work out, so now she's married and has another son by her husband. Her husband is a commercial carpenter and just recently, because of the economy and current market, he was laid off. He's also a citizen of Canada and has lived in Illinois since he was 14 on a Visa. They've been talking about moving to Canada if he's out of work for too long.
My sister is the CP for the oldest son and the dad owes her over 30k in child support that he's never once paid. They've been in and out of court and it keeps getting continued because of another issue that the dad is going through. He got caught stealing over 14k from his job and while the job didn't press charges, the state did. The judge set him up on a payment plan to repay the money (he lost it gambling) but he has yet to pay any of it back. Everytime he goes in for a hearing concerning the case, the judge keeps giving him 2nd, 3rd and 4th chances. He doesn't work, he doesn't have a car (it got repossessed) and the girl he lives with has 4 kids of her own by her ex-husband (who also doesn't pay child support) as well as 2 kids with this guy. They're on welfare. I'm sure that eventually the judge is going to give up and just end up throwing this guy in jail, which means my sister will never end up getting the support she needs.
The custody papers don't mention anything about whether or not she's allowed to move out of the country and take her son with her, but she knows that she can't just up and go. But in their current financial situation, she also can't keep paying her lawyer to go to court for her and as of December, the health insurance her husband still gets through the union will end. She works, but she doesn't make enough money to support a family of 4 and pay the mortgage, the car payments, etc.
What are her chances of getting a court to allow her to move to Canada with her son, given that despite his current predicament, the father will fight it (though he can't get a lawyer due to no money)? If he does end up in jail for the larceny charge, will it have a positive affect her chances? I don't see any possibility of a judge awarding him custody to keep the boy here since he's parentally responsible for 3 kids, and through his relationship another 4. What do you think?
My sister is the CP for the oldest son and the dad owes her over 30k in child support that he's never once paid. They've been in and out of court and it keeps getting continued because of another issue that the dad is going through. He got caught stealing over 14k from his job and while the job didn't press charges, the state did. The judge set him up on a payment plan to repay the money (he lost it gambling) but he has yet to pay any of it back. Everytime he goes in for a hearing concerning the case, the judge keeps giving him 2nd, 3rd and 4th chances. He doesn't work, he doesn't have a car (it got repossessed) and the girl he lives with has 4 kids of her own by her ex-husband (who also doesn't pay child support) as well as 2 kids with this guy. They're on welfare. I'm sure that eventually the judge is going to give up and just end up throwing this guy in jail, which means my sister will never end up getting the support she needs.
The custody papers don't mention anything about whether or not she's allowed to move out of the country and take her son with her, but she knows that she can't just up and go. But in their current financial situation, she also can't keep paying her lawyer to go to court for her and as of December, the health insurance her husband still gets through the union will end. She works, but she doesn't make enough money to support a family of 4 and pay the mortgage, the car payments, etc.
What are her chances of getting a court to allow her to move to Canada with her son, given that despite his current predicament, the father will fight it (though he can't get a lawyer due to no money)? If he does end up in jail for the larceny charge, will it have a positive affect her chances? I don't see any possibility of a judge awarding him custody to keep the boy here since he's parentally responsible for 3 kids, and through his relationship another 4. What do you think?
