Legal Question in Family Law in Illinois

I am wanting to go live near family in another state my husband wants custody of our son, am I able to move before the divorce?


Asked on 7/19/11, 5:11 am

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

If there is no divorce pending, there is no restriction on you leaving If there is a case already filed, you can not leave the state without an order of court. However, if and when you leave , your spouse may file a action and ask that you be ordered to return. That issue is much too complicated to be deal t with in this forum. Suffice it to say that some cases say you can be ordered to return with the kids, some say you do not need to return.

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Answered on 7/19/11, 11:11 am


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