Legal Question in Family Law in Illinois

i am a mother of two teenage daughters. i live in kentucky. they live in illinois. i have resedential custody pertaining to illinois law. my daughter (brittany) has type 1 diabetes. i was recently informed by her nurse that she was in a "diabetic crisis" in which her health is in great jeopardy and an intervention was needed immeadiately. if she was not relocated from her current location to a stable household, the department of child and family services would interfere. my ex-husband currently lives in florida and we have joint custody (with him having visitation rights). i've planned to pick up my daughters and bring them to my home in kentucky (with my new husband) tomorrow. my ex-husband informed me he would have me arrested if i took the girls out of illinois. am i in danger of going to jail if i proceed?


Asked on 10/17/09, 7:26 pm

1 Answer from Attorneys

Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You don't say who the girls currently live with but you have to ask yourself what is more important, the girl's health and wellbeing or the prospect of your going to jail. Even though Illinois law requires you to seek the approval of the divorce court before removing the children from Illinois, the intent of that statute is to prevent one parent, usually the residential custodial parent, from interferring with the visitation rights of the non-residential custodial parent. In this case you say that your ex, the girls' father, lives in Florida. I don't see how his rights are implicated if he doesn't live in Illinois.

Assuming that the divorce took place in Illinois, both you and the father have since left Illinois, leaving the girls behind. His moving out of Illinois pretty much limits how much trouble he can cause you in Illinois. you could go into an Illinois court tmro and ask for an emergency order allowing you to remove your daughter to Kentucky. I can't imagine that a court would require you to leave the child here given her healthcare issues.

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Answered on 10/22/09, 7:39 pm


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