Question regarding family law. Our daughter and her husband are having problems within the marriage. They have 3 children. They are presently going to marriage counseling. They had a really big blow up 2 1/2 weeks ago, and he took the kids to Missouri (from Illinois) to HIS mom and dads to have a "cooling off" period. Husband and kids are now back in Illinois & they are now trying to work things out, but now he wants to take the children back to Missouri again for the 4th of July holiday but doesn't want my daughter to go......just he and the kids. My daughter is telling him no, they need to be together as a family for the holiday. If he should just take them what recourse might she have? Any? They are still legally married of course, so they both share custody of the children. Would she be able to tell him to have them back by a certain date? What rights might she have in this case.
Thanks for your help and input.
1 Answer from Attorneys
As each has an equal right to custody and there is no case pending in Illinois between them, there is no legal restriction on either of them taking the children anywhere. It is only when there is a filed case and a served summons is there any restriction on a person taking the children out of state. So your son-in-law can take the children where ever he wishes, as your daughter can take them any where he wishes. Only when a court is involved does the law under 750 ILCS 5/501.1 and 609 restrict a parents ability to take the children out of state.