Legal Question in Family Law in Illinois

wife wants to move out of state

my wife and i just got separated and are filing for a divorce but she's threatening to take the kids out of the state.she's planning to move to NC without my permission. what can i do to stop her, and if she does take the kids what legal action can be taken against her?


Asked on 7/05/09, 9:24 pm

2 Answers from Attorneys
Peter Olson The Olson Law Firm, LLC

Re: wife wants to move out of state

I think you should file for divorce immediately to set Illinois as the jurisdictional state for the case. Once she's in NC everything gets harder and if she's there a court there might take jurisdiction and deal with things like child custody in NC. File like tomorrow if you're really concerned that she's ready to go.

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Answered on 7/06/09, 1:59 pm
John Steele Steele Law Firm

Re: wife wants to move out of state

If she takes the children without your permission to NC then you can file a Petition to have the court order her to return. The key is that you would have to act as soon as she leaves so she cannot argue you let her go. Let me know if you have any other questions.

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Answered on 7/05/09, 9:28 pm


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