Legal Question in Family Law in Illinois

If there is no case pending between the two of you, there is nothing preventing you from leaving. However, for the following 6 months, IL courts retain the power to determine who should have custody of the kids. Some judges will order you to return the kids to this state, although that ruling is questionable. A judge has the right to preserve the status quo, which would be that the kids are with you. No question that an IL would be able to decide custody, however. If he does nothing for 6 months IL courts who lack the power ti determine custody.