Legal Question in Family Law in Illinois
My husband and I have been separated for almost 4 years. We haven't been able to afford a divorce. We have not been to court and their are no written agreements regarding child support or visitation. He see's them when he feels like it which isn't too often. I left him and haven't received a dime in child support in all this time. I would like to relocate to Tennessee from Illinois with my boyfriend that supports them fully to make a better life for us all. My ex husband says he will have me arrested for kidnapping if I bring the kids out of the state of Illinois. Can he do that?
1 Answer from Attorneys
On one hand you say have been unable to afford a divorce and thus are still married, yet you refer to an ex-husband which indicates you are divorced. if you are divorced you can not leave the state unless you have a court order allowing it. if you are not divorced or in the process of a divorce, you have the freedom to move where you want. It is not kidnapping. But a court could order you to return the children as an Illinois has jurisdiction over them until they have llived in Kentucky for 6months.
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