Legal Question in Family Law in Illinois
Child Custody
My Ex wife wants to move to Texas with our son but I dont agree and want my son to stay here. My son is 3 1/2 years old and we have joint custody but she has residential custody.
1 Answer from Attorneys
Re: Child Custody
Illinois law does not allow the permanent departure of the state with minor children without prior leave of court. Vacations can be taken with the children without a specific court orders assuming that prior notice has been given to the other parent concerning the children's whereabouts. In order to move from the state of Illinois on a permanent basis, the court must first find that it is in the best interest of the children that they move. Under the current status of Illinois law, it is a difficult proceeding to remove a child on a permanent basis from the state of Illinois if they have an ongoing and regular relationship with the other parent.