If my daughter’s mother is moving out of state, can she do this and is there anything I can do to stop her?

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If my daughter’s mother is moving out of state, can she do this and is there anything I can do to stop her?

I am the father but I haven’t went to court yet to establish visitation and custody rights. The mother plans to move before the court date.

Asked on November 24, 2012 under Family Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can go to court to file en emergency petition for an ex parte order granting you custody and forbidding her from leaving the state. An ex parte order is an order entered by the court when only one side is present. An ex parte order may be entered regarding child custody upon a party showing the court that an emergency warrants the entry of an order without notice to the other party, usually only for a short period until a full hearing with the other party present can be held.  Good luck.


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