QUESTION

Can I move with my child out of state if I'm still married and neither of us have filed for divorce or legal separation?

Asked on Jul 29th, 2014 on Child Custody - Illinois
More details to this question:
I have lived in Chicago with my husband and our son for the past 5 years. However, things are not working out. His family lives here too but over the years they have not been able to provide support with our son. I wish to relocate to South Carolina with our son because there is more support there from my side of the family. I would be moving back in with my parents and plan to get job in a couple of months. My husband refuses to let me take our son with me and intends on hiring a babysitter to take care of him while he's at work during the day and while he attends night classes. I believe it is in the best interest of our son that he comes with me where he can be watched by family members instead of a stranger whenever I am at work or unavailable. What steps can I or must I take in order to take him with me? Neither of us have filed for divorce and we are not legally separated. We currently still live together. My intentions for moving is for a better job opportunity and more support with our son, the marital problems are just the icing on the cake.
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1 ANSWER

If no case has been filed, you can take your son anywhere you want. But then be prepared for him to file a divorce, seek custody and if filed within six months of your move, only an IL would have jurisdiction over the custody issues. A court here may well order you to come back with the child, although there is case law which says that kind of relief is error.
Answered on Jul 30th, 2014 at 5:53 PM

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