my wife and I separated 6 years ago. we are still married. never been to court for anything other than child support. no custodial papers or anything else. she is moving and he wants to stay with me. she says no. he refuses to go with her and I want him to stay with me. what are our rights? we are in illinois
2 Answers from Attorneys
"Other than child support" may be a big hole. In what type of proceeding was child support ordered. Usually child support is ordered and one person gets custody and the other pays support, unless there is a joint custody order. If she has custody then you need to file a motion seeking custody of him, whoever he is.
You definitely need to hire an attorney and obtain a Court Order for custody. Depending upon your location, I might be able to help you myself. Feel free to call for a free telephone consultation.