Legal Question in Family Law in Illinois
wife takes child and leaves state, what can I do?
If my wife intends to leave our marriage and packs up her things and our child and leaves the state, what recourse do I have? Can she take our child across state lines against my wishes until a separation or divorce is processed, with custody established? What can I do to protect my child and myself against this potential event?
1 Answer from Attorneys
Re: wife takes child and leaves state, what can I do?
Hello. This is a problem. If there is a chance of saving your marriage, I suggests that you immediately file for legal separation. In this way you can get a court involved now and then the issue of custody and visitation is before the court. Otherwise you can file for divorce and have the same protections. Your wife really should not leave the state with your child; although this happens. The best way to deal with this is to take action now. Even if she does leave as you are filing your papers, you will be postured to request that the court order her to return your child and/or make your child available for you to see him/her regularly. Will be happy to discuss this further and in more detail. Time is of the essence in my opinion.