What to do if my ex-wife wants to take my children and move out of state?

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What to do if my ex-wife wants to take my children and move out of state?

She remarried one of her ex-husbands whom she divorced him due to him abusing her. Now she wants to move with my children almost 3,000 miles away from me. What are my rights? Our oldest has lived with me for the past 7 years.

Asked on October 11, 2012 under Family Law, Illinois

Answers:

David Axinn / David M Axinn

Answered 9 years ago | Contributor

One question is whether there is an existing custody court order. If there is, there is a procedure she would have to follow before she would be permitted to relocate with the children, and you would have the opportunity to object in court before this happens.

If there is no existing court order, I would suggest that you file with the court as soon as possible, in order to obtain a court order.

Once the issue is brought before the court, the court would have to decide what is in the best interests of the children. The reasons for her decision to relocate, the effect that this would have on the welfare of the children, and on their relationship with the other parent would all be factors.


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