Legal Question in Family Law in Illinois

relocation to another state, forced back to Illinois to keep custody

I moved to California a year ago,the day before I moved my ex changed his verbal yes you can take the daughter to California to a no I changed my mind. He has given up the custody battle on the condition I move back to Illinois. The judge said he is not a good dad, will not get custody as long as I come back to Illinois. She is 14 and has told her dad and his lawyer she wants to live anywhere I live especially in California. The judge also said I did not move for a extremly high paying job, or was married to a military man therefore, I must move back to Illinois to keep my custody. I moved as it is better for my health in a few ways and I have my fiance here and he can't leave his job. Are those two reasons for moving the only ones the courts go by? Why do they not check into my ex's bad health, drinking problem,his verbal/mental abuse to my daughter,the state disability he lives on,the back child support owed and his not following the divorce decree papers.I will be moving back to Illinois in April to continue my battle. The courts seem to think with no job,no insurance,living in a family members basement that I am still the better parent. Does it come down to who has the better lawyer, and where do I find better?


Asked on 3/04/06, 2:41 pm

1 Answer from Attorneys
George Zuganelis Zuganelis & Zuganelis, Attorneys at Law, P.C.

Re: relocation to another state, forced back to Illinois to keep custody

I don't know why a judge would say that you could keep custody if you returned to Illinois. Maybe the judge meant that you didn't have a court order to leave with you daughter. If the child is in another state for 6 or more months, Illinois courts lose jurisdiction, unless this case was filed before 6 months were up. However, if you are going to be married and your fiance has a job and lives in California, I can't imagine any judge denying a petition to move there with your daughter. The fact that your daughter wants to live there with you is heavily in your favor. If you need an experienced lawyer, please call me.

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Answered on 3/06/06, 9:21 am


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