Legal Question in Family Law in Illinois

I have a friend who lives in Indiana. Her and her boyfriend live together and they also have a 20month old child who was born in Indiana and has the father's last name. He has abused the mother on several different occasions (no police reports were filed). She wants to move back to her family here in Illinois, away from him. Although we are not sure if she can leave and cross state lines with her child. If she does will that be considered kidnapping, or as the childs mother does she have a right to do this. We are not sure what the proper procedures are for this situation.

Thank you


Asked on 7/05/10, 9:44 pm

1 Answer from Attorneys
Kimberly Anderson Anderson & Boback

There is no law stating that you cannot cross state lines with your child.

She can move. If there is a pending custody/visitation case in Indiana, she might need to ask the Indiana courts if she can permanently remove the child. I don't know Indiana law, but that is what happens here in Illinois. If there is no pending court action, she can leave at any time and go anywhere.

Kim Anderson, illinoislawforyou.com, 312-715-0870

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Answered on 7/10/10, 11:10 am


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