Legal Question in Family Law in Illinois

I currently live in Illinois. I have an opportunity to transfer to georgia for a job, i will be divorcing my husband. Can I be charged with abduction or kidnapping of my children if I take them across state lines without a legal seperation


Asked on 5/31/10, 9:54 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

You can not be charged with kidnapping or abducting your own kids unless there is a court order awarding your spouse custody of the kids. If there is no divorce or legal separation you can take the kids with you. Your husband can file an action for divorce. The quicker he does it, the greater chance that he might obtain a court order ordering you to return the kids. If he waits 6 months from the time of your move, Illinois courts have no jurisdiction over the kids.

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Answered on 5/31/10, 1:09 pm


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