Legal Question in Family Law in Illinois

My husband and I live in IL for over 5 years. He got divorced from his ex wife in MS and she now lives in AL for about a year. They have 2 daughters 14 and 16. They share custody and the girls would come here for vacation and every other holiday. Since 1/2010 the 14 year old moved with us (d/t issues at home, she was taking drugs and hijacked a car). In 3 months she went from failing classes to being on an honor roll. We are sending her back in June to her mother for vacation. We just found out that her mother found a boyfriend on the internet that lives in England and she wants to move there. My husband said he does not give her permission to take the kids and move, but from what we heard she is planning to take the kids anyway. Question: Should we do nothing now and then when she takes them file kidnapping charges? I was wondering if that way my husband would get automatically full custody of the kids. His ex wife can get passport legally without his signature for the 16 year old but can she still take her out of the country without his permission? Should we consult IL lawyer (since we reside here), AL lawyer (since she and one of the kids live there) or MS lawyer (since their divorce was settled there)?


Asked on 4/13/10, 12:35 pm

2 Answers from Attorneys
John Steele Steele Law Firm

You would be best served by getting an Illinois lawyer. I highly urge your husband NOT to send the child anywhere until he speaks with an attorney. Also, filing a legal action in Illinois will give you some protection from her leaving the country. She cannot claim you consented, and we can get an order from an Illinois court ordering neither parent to leave the country until the matter is worked out. Since both AL and IL have a good claim to jurisdiction, either parent can file a Petition regarding the children, and the other parent will have to travel to fight the Petition in the other state. I recommend you file here before she learns the same fact from an AL lawyer Let me know if you have any further questions.

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Answered on 4/18/10, 12:44 pm
Michael R. Nack Michael R. Nack, Attorney at Law

You will need to register the MS judgment in Illinois, I believe, before seeking judicail relief. I do not believe it would hurt to consult with both a MS and an Ilinois lawyer.

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Answered on 4/18/10, 8:35 pm


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