Legal Question in Family Law in Illinois
I am still legally married 2 children but we dont live together and the children reside with me. I am seeking to move to Arizona for a fresh start since things here in Illinois have not been going so great. My still legal "husband" is not willing to agree to let me move with the children. He doesnt pay child support, works for cash under the table, doesnt have a drivers license because he has had 4 DUI's, and is facing other legal issues, and he also does not see the kids on a set schedule...its whenever its convenient for him. We have never filed for divorce and have never filed any court papers. I want to know can I legally move, can he stop me? Or what exactly I need to do to be granted permission to move.
2 Answers from Attorneys
File a Petition for Removal. This is a somewhat complicated process and takes time. I recommend you research a little as to what is involved or speak to a family lawyer about it. It is a serious action when you are asking the court to remove the child from the state where the other parent lives (even if he is a jerk).
If there is no divorce, you can leave. No need to file anything, He can not stop you. On the other hand he can come to Arizona and take the kids with him back to Illinois. You have no greater rights to custody of the kids than he does until there is a court order.
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