Legal Question in Family Law in Illinois
After my divorce my ex-wife moved out of state with my son and her new husband. I shortly followed to be near my son. We never changed out original divorce decree from Ilinois. 5 Years later she moved him away from me again and back to Illinois. How can I get visitation rights modified?
2 Answers from Attorneys
You must file a motion with the Illinois court, presuming the judgment was not registered in the state you are now living in and where your former wife resided. This also presumes your former wife moved back to the same county where the judgment was entered. It also presumes that it has been more than 6 months since your former wife moved back to Illinois
You need to file a petition in the county where she is currently residing. If it is in a different county then she lived in last time she was in Illinois, you will have to register the judgment in the new county. These matters can be a bit tricky on the procedural side, but you are entitled to visitation. Let me know if you have any other questions.