Legal Question in Family Law in Illinois

I am married and we have a 4 month old baby. My husband and I are having terrible problems and I want to leave with the baby and go to my parents for a while to clear my head and decide whether we should get a divorce or not. My husband is telling me that I am not allowed to leave the state with the baby and if I try he will call the police. We live in Chicago and are Chicago residnts but are currently living in Vegas for 6 months for my husbands work. I want to fly to Branson, MO where my family is. Am I legally allowed to take the baby and go there?


Asked on 6/07/11, 6:21 pm

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

If you have lived in Las Vegas for 6 months, Nevada law would apply, and we are IL lawyers. If you were living in IL, unless and until a case has been filed, you can go anywhere with the child you want. There is nothing restricting where you can go. When you leave you H may then file an action seeking your return. The question then becomes difficult. If you have already left, the proper answer is that he should not be able to get an order ordering you to return. The law maintains the status quo, and the status quo is you being in Branson. However, some courts might order you to return.

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Answered on 6/08/11, 4:15 am


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