Legal Question in Family Law in Illinois
My ex-husband recently signed a custody order which specifically states "the custody of John Doe is changed from the father, Scott Doe, to the mother, Jane Doe." My first question is, since the father resides in Illinois and I have resided in Texas for the last 2 years does this mean I can permanently remove the child from the state of Illinois? My second question is, since past orders have ALWAYS stated the parents have joint custody of the child, with physical custody of the minor residing with the father and this most recent order only states that custody is awarded to the mother, do I have sole custody of the child?
1 Answer from Attorneys
If you were residing in Texas, and the court and the other party was aware of that fact when the order was entered, the order should have also stated that you have the right to remove the children to Texas. If the order says custody, then, as it appears to be poorly drafted, means sole custody. It should have also said that joint custody is terminated. You really should get an order clarifying the order to protect yourself from future problems.
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