Legal Question in Family Law in Illinois

Illinois Divorce and Custody

A friend of mine is going through hard times. Both her and her husband submitted paperwork 'against eachother' for removing the other from the home. She wants a divorce. Her's was substantiated based on abuse to her (not the kids). After 18 years she decided to take a few days off any he got so angry he submitted for a PO and said she was unfit. Since then they have agreed verbally that their adopted daughter should go with her, and the 5 biological boys should stay with him based on their comfort in the community, school ties, ect... They live in illinois, she wants to move to Ohio with the adopted daughter and start a new life. She has zero income and no one to live with and no means to find. Since the situation is sticky, and even though he is a jerk to her and he's an OK father to the kids, can she leave while they are married to another state and still make sure that she can see the other 5 kids? Can the court make her come back? The woman has next to nothing and just needs to get away from him.


Asked on 4/12/09, 8:37 pm

1 Answer from Attorneys
Lesley Hoenig Lesley A. Hoenig, Attorney at Law

Re: Illinois Divorce and Custody

She will need court permission to move, but the chances are good that she would be allowed to do so. This is a complicated situation, and she should consult with an attorney. Since she has no money, she may be able to get a pro bono legal services organization to help her like Prairie State Legal Services.

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Answered on 4/13/09, 7:06 pm


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