Legal Question in Family Law in Illinois

Question? Does my wife have right to take my girls (8yrs old & 14yrs old) to different state without

my consent or my permission .. We are still together ,but talking about separating..

And what would happen if she does end up taking our girls to different state regardless what i say?

What rights do i have if it happens and what actions can i take?

Thank you,

Chas


Asked on 9/28/10, 8:11 pm

2 Answers from Attorneys
John Steele Steele Law Firm

She can stay in the other state and file for divorce there. All she has to do is make some allegation she is afraid of you (Obviously impossible to disprove). If you for divorce prior to her leaving Illinois, she will be prohibited from permanently leaving the state, and even leaving temporarily until everyone talks to a judge. Much safer.

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Answered on 10/04/10, 6:19 am
Donald Boyd The Boyd Law Firm, P.C.

If a divorce action has been filed, please review 750 ILCS 5/609 Leave to Remove Children, of the Illinois Marriage and Dissolution of Marriage Act. There is also specific case law addressing this issue.

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Answered on 10/04/10, 8:36 am


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