What are my rights when my ex takes my child and moves to another state without notifying me?

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What are my rights when my ex takes my child and moves to another state without notifying me?

I’m current on child support and visitation.

Asked on July 8, 2011 under Family Law, Illinois

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  The first place that you need to look is in your divorce agreement.  Generally speaking, there should have been a provision in the agreement that states that you and your ex spouse can not move except within a certain distance, say 50 miles. The amount of miles depends on the area you live in to begin with.  In New York 50 miles can put you in another state. I assume that in some parts of Illinois that would be the case as well.  If your agreement is silent to the issue then you have a problem and you need to address it.  Either way, though, taking your child out of state without your permission could be considered kidnapping.  I would seek legal help here.  Good luck.


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