Legal Question in Family Law in Illinois

My big Move

After being seperated from my husband for almost 2 years we will soon be getting a divorce. while we were married we had plans to move to florida which we never got the chance to do. we do have kids together. With getting joint custody would I still be able to move with my kids to Florida even if he doesn't agree?


Asked on 7/08/09, 6:23 pm

2 Answers from Attorneys

Peter Olson The Olson Law Firm, LLC

Re: My big Move

If he doesn't agree to it you'd have to get the court to approve the move. Not always easy to do. A lot depends on the father. Is he involved in the children's lives? Is he supporting them financially? Will the move benefit the children? Try and get approval to move to FL as part of the divorce agreement...it's easier done now rather than asking a court to do that later. Or possibly, just leave with the kids for FL now.

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Answered on 7/08/09, 6:27 pm

Re: My big Move

You would need court permission to move to Florida according to Illinois law. Even if your husband does agree, you still need a court order to permit you to leave the state. If your husband leaves Illinois first, this will not be hard to get. If he remains in Illinois, securing a "removal" order (this is what it is called) can be more difficult. The Court will want to see a benefit to the children (better job for you, better home, better schools, being around extended family, etc.). Interestingly, you can move anywhere inside the state without a court order, even several hours away, it is crossing state lines for a move that is the big deal. See my website at www.chicagodivorce.net and search "removal" for more info.

Here is a link to the info page on this and other issues:

http://www.chicagodivorce.net/services/illinois-visitation/

Regards,

Raiford D. Palmer

Chicagodivorce.net

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Answered on 7/08/09, 6:48 pm


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