Legal Question in Family Law in Illinois

My parents are still married, but both agree to a divorce. Can my mom move with the kids (ages 9, 13, & 15) within the state, before filing for divorce?

My dad refuses to move out or cooperate on starting things, so my mom has agreed to move out with the kids, but if she's going to move she would like to move closer to me and her soon to arrive grandchild, which is 2 hours from where they currently live. The boys have all said that they would also like to move. Can she just move with them now, before filing for divorce or having any custody agreement? He knows about the idea and has said he's going to try to stop it. Is there anything he can do to make them move back? My mom wants to wait until she moves up here to find a lawyer and start the divorce process, but I'm worried she'll quit her job and move here and then he'll do something to make them move back.

On a side note, he does have some things in his background that should count against him for custody. He has a history of mental illness and has a domestic battery arrest. Will that play a part in this?

Thanks in advance!


Asked on 7/09/12, 6:40 pm

2 Answers from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

There is nothing barring her from moving - but he will be entitled to visitation and she may well have to do most of the driving. Her choice to relocate may be appropriate, bu the judge may be concerned about the unilateral decision. Agreeing to a divorce is easy...it is all the rest that is hard, custody, support, division of property etc. if those items are not agreed, then the divorce becomes contested,and not simple. She should talk to a lawyer where she is before she moves.

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Answered on 7/09/12, 6:47 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Your Mom needs to hire a lawyer and file immediately where she now lives. She will then be protected. She shouldn't have any problem moving to Bloomington with the kids even if he is fighting her for custody provided that some kind of visitation arrangments can be made. She should not just up and leave town, however, without making some arrangements to proceed with a divorce.

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Answered on 7/09/12, 6:47 pm


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