Legal Question in Family Law in Illinois

The mother of my sons daughter, up and moved without notice from IL to Texas. She has not enrolled the kids in school it has been 2 weeks. She was forced to come back for a court date in IL and has not allowed him to see his daughter. He has had his daughter every weekend, 2 complete summers and weeks at a time over the years when she was having more kids (6 total now) His daughter has everything she needs at our home Wanting to avoid as much drama for her as possible so asking what is the first step to keep her in the state and file for custody.

Asked on 4/29/13, 7:01 am

1 Answer from Attorneys

Jonathan Shimberg SHIMBERG and CROHN, P.C.

If there was a filed case already, her move is a violation of the law. If there was no previously filed case, then she had the right to move. If he has a visitation order then there is a case. If he has been denied his visitation in violation of an order, then a Petition for Rule should be filed. If he wants to seek custody, he can do so.

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Answered on 4/29/13, 7:12 am

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