Legal Question in Family Law in Illinois

I was divorced in Illinois on the grouds of abuse in may of 2007. I was given sole custody and he was given supervised visotation. I remained in the house in which we lived together during our marriage till june of 2009. And he moved to Arkansas before our divorce went to court. He didn't appear in court for our divorce or the order of protection. From the time our divorce was final till june of 2009 he never called to set up his visitation nor did he contact me in any way for any reason. In june 2009 I moved with my children to South carolina because my parents(the only family I have) had a job transfer. I kept my illinois cell phone number. We have now been in south carolina for 3 full years and he has not called. I have not received anything showing that he even intrested in our where abouts. Can he come back now and ask the courts to make us move back? Can I get in trouble for moving? There was no relocation clause in our decree. And can I know ask that his rights be taken away? He also has never paid any child support for our 3 children.


Asked on 9/21/12, 7:36 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

That's a lot of questions. It sounds to me like you have an OOP against your ex-husband, that you have sole custody of your 3 children and he has no court-ordered visitation. In the time between the divorce and now, you have moved to South Carolina but without leave of court and you have been there for 3 years.

My suggestion is that you contact an attorney in SC about "domesticating" your Illinois judgment so that it can be enforced in SC rather than risk the possibility of your ex coming back to Illinois and attempting to enforce the Judgment here and requiring you to return here with your children. Whether he would be successful in this attempt is not the issues, its the inconvenience and the fact that you could not guarantee the outcome. It doesn't matter that he has never paid support as support and visitation are separate issues. You cannot have his rights taken away unless you remarry and your new husband petitions to adopt all 3 children and even then you will likely need your ex-husband's consent.

Once you have "domesticated" the divorce judgment, you should try and go after your ex for the payment of child support either through a private attorney or the State agency that handles such things in NC.

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Answered on 9/21/12, 7:48 am


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