Can I stop him from moving away with our kids? Holly Asks : My ex-husband has sole custody of the three children. Once the divorce was final, I found out he married his old girlfriend. Now he wants to move the three children to NM with his new wife.
Illinois Child Custody FAQs
Can he move my kids to another state? His new wife sent me an email stating I would not be allowed on base in NM to see my kids. She is trying to alienate and interfere with visitation with my children. Brette's Answer: If you have visitation rights, he cannot move without court permission. You can file a petition in your state family court seeking to prevent the move. He has to show that the move would be in your children's best interest and that you would have access that will continue your relationship. An email from the new wife stating you will be denied access is important and could be of great help to your case in preventing the move.
What if he moved away with the kids without telling me? Brittany's Question : My husband filed for and was granted a divorce in Texas. I have visitation, but I just found out that he took the kids and moved to Seattle without telling me. The divorce isn't even final. What can I do? Can he keep my kids legally?
What if he drops the divorce? Brette: You should file an emergency petition. Talk to the court clerk and ask what form to use. You want an injunction forbidding him from leaving the state. If he tries to withdraw the divorce, you file a cross-petition. It would help to get an attorney. What if my ex threatens to take me to court to block the move? Susan's Question : My ex-husband abruptly moved out of state. Our shared parenting agreement states that neither parent can move more than one county away from our original county of residence unless the move is agreed on.
Now he is threatening to have my proposed move blocked due to the original agreement stipulations. My move is still within the borders of the original state of residence. Is there any basis for my ex-husbands threat to have my current proposed move halted by the courts? Brette's Answer : It doesn't sound like he has much of a leg to stand on; however you did not describe how far the move is and how it will affect visitation - that is what will be key. Will I have a hard time getting a relocation approval if he blocks me?
Karlene's Question : I have a legal separation that we both signed and filed with the county clerk.
CUSTODY: RELOCATION AND SCHOOL CHANGES-PLAN AHEAD
It does not address relocation. I want to relocate with our 11 year old from NY to NJ, 23 miles away. Current visitation will not be affected as I will transport our child to and from visits with her dad. Will I have a hard time getting relocation approved if dad blocks me? Brette's Answer : You shouldn't need approval if there is no impact on visitation. Generally moves that are of short distance are not considered relocation. The only issue may be that you are moving out of state.
You should call your attorney before you assume you need to do anything. Lisa's Question : We have been separated for four months and my 2 girls currently live with my husband.
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I want them to live with me, but he says he will not give them up. I want to leave the state and take them so they aren't with him until custody is decided. Can I do this? Brette's Answer : No. In fact, refusing to allow contact with the other parent is called custodial interference and is grounds for a change in custody. You need to show you're willing to support their relationship.
If you want custody, you'll need to file for it and seek temporary custody. Would it be best to move before the baby is born? Brette's Answer : If you are worried about a relocation hearing, then generally yes. No one can stop you from moving while pregnant.
Can he make me move back after the baby is born? Clarissa's Question : I am now 5 weeks pregnant and my husband is emotionally abusive. I have the opportunity to relocate my job a few hours away where I have family and support. He says if I leave him he will seek full custody and make me move back to be closer to him. Can he make me move back once the child is born? Brette's Answer : You should consult an attorney but you are free to move now.
Most likely by the time the baby is born, a court would see your new residence as the status quo and it would not be an issue. Topic: Relocation during separation.
Maureen's Question : My daughter is married with a 6 month old daughter. Her husband is addicted to drugs and they are now separated. Is she allowed to move back home to another state with the baby? Brette's Answer : Until there is a custody case, both parents have equal rights to a child. I would not recommend that your daughter simply disappear with the child though, however.
Moving out of state could look bad however if her ex takes her to court. That is why she should let her husband know where she will be. I can understand that she probably does not want the child to have contact with him while he is addicted, however, she should encourage him to get straight I'm sure she already has , and then plan to work out visitation in the future. At some point she's going to need to get formal legal custody though.
I would recommend she talk to an attorney as soon as possible about her situation.
Good luck to her. Topic: Moving away before starting a divorce. Daniele's Question : I would like to get a divorce. We have twin girls and I would like to move to another county which is about 2. Can I do this and then start the divorce procedure?