Legal Question in Family Law in Illinois
My husband is in the Air Force on Scott AFB, IL where he was stationed. His ex wife resides in St. Louis, MO He and his ex wife divorced in Dec. 2009. We have residential custody of their two kids 7 and 4. His ex wife has visitation every other weeked. But has been getting them every weekend to avoid difficulties. My husband has no one here and doesn't have a future here and wants to move to KS where his family and my family live. Where he also knows that there are wonderful schools and good jobs for him to support the kids and myself. He is going to get out in 6 months to a year due to medical problems. We have nothing here can his ex wife still keep us here?
2 Answers from Attorneys
Yes. You can not leave the state without her consent or an order of court. (This presumes you have an IL judgment)
You need to Petition for Removal. Given the minimal information you have written, you should be allowed to move. But the process can be litigious if the other party wants to fight. BTW, not a good idea to give the non-residential parent every weekend, you are shooting yourself in the foot for the eventual removal fight.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
