Legal Question in Military Law in Illinois

if parents have joint legal and physical custody can a military personnel remove the child out of state when a modification of custody petition has been filed?


Asked on 4/28/10, 3:20 am

1 Answer from Attorneys
Kenneth Goetz

I assume that the active duty parent has lost custody and visitation by virtue of a legal guardianship or adoption. In that case the answer is "no", not only does a Petition to Modify have to be filed, due notice must be given, and a hearing held before a court of competent jurisdiction - usually the court that granted custody to the legal guardian.

Read more
Answered on 5/04/10, 11:09 am


Related Questions & Answers

More Military Law questions and answers in Illinois