Legal Question in Family Law in Illinois

child

I want to divorce my husband but i need to leave to assure my childs saftey and mine. I want to go home to WI i live in IL can i do that and then file for divorce there. Then i would have famlmiy support and be able to care for my daughter. my husband works at taco and we live with famliy he smokes pot and drinks today my daughter was playing with his jacket and she pulled a weed pipe out of his jacket my DAUGHTER TOUCHED THAT CRAP. I cant take it he also says if i divorce him he will make my life a living hell and that he will do anything to get complete custudy of her.he cant even afford to buy food here. If i go home i would get a job and find my own place right away. But can i do all this without getting in troble?


Asked on 12/14/08, 12:05 pm

1 Answer from Attorneys
Motty Stone Law Offices of Motty Stone

Re: child

Leaving the state with your daughter will be tricky, but it is possible for you to get a court order allowing it. Your husband's drug use definitely works in your favor, and there are good arguments you can make to take your daughter to Wisconsin.

You will, however, probably need to file for divorce in Illinois. Since that is where your daughter lives, that is where the custody hearings usually begin.

Please feel free to call us if you want to talk about the next step.

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Answered on 12/14/08, 8:07 pm


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