What to do if my ex-wife wants to take my children and move out of state?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.