Legal Question in Family Law in Illinois

Under what conditions can my brothers ex-wife leave the state with the kids and live with her family when our entire family live where we live right now? I have 3 kids which are the same age as his kids. We have been the only family that they have known their entire lives. Her family has been non-existent in their lives.


Asked on 2/05/10, 10:51 am

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

If your brother is divorced under the terms of an Illinois judgment she is not allowed to leave the state unless the judgment allows it or he ex agrees to it. If she wants to leave she need to seek court permission to remove the children.

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Answered on 2/10/10, 11:31 am
John Steele Steele Law Firm

If you suspect she may be preparing to leave the state, I would be proactive and get into court and get an order prohibiting her from leaving the state. It will give your brother better protection and better ammunition down the road if he needs to reopen custody. let me know if you have any more questions.

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Answered on 2/10/10, 11:37 am


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