Legal Question in Family Law in Illinois
moving to Missouri with children
I would like to file for divorce. I need to remove myself and my children from this situation, and would like to go to Missouri. There is no property or belongings to divide up. He wants joint custody, but I don't think he qualifies. Can I leave the state with my children? Should I file before I go, or should I move and file there?
2 Answers from Attorneys
Re: moving to Missouri with children
You cannot take your children away from their father unless the Court gives you permission to do so. You will also need to file any custody petitions in Illinois. So yes, you should file before you go.
You are mentioning that the situation you are in is unhealthy. If you are concerned about abuse, you can certainly take the children out of the house. If that is case, you can also get a Court Order very quickly allowing you to have full custody and put a protective order in place.
Please feel free to give us a call if you want to talk about your case.
Re: moving to Missouri with children
You need to file for divorce here, and ask the court for removal to MO. The court grants such motions at a high rate. The key is to be prepared when you go to court.
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