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My husband I are married but we had a dispute and there is now I no contact order. I left the state with my child to go to the only family I had. I’m sure my husband is filing for divorce due to family persuasion, but I can’t contact him on any matter. Did I do anything wrong by leaving? Can he use it against me in any way? I am keeping the child from his family due to they will take her from me to him, but I don’t want it to look like I am not cooperating. Is there any solutions to this? FYI: I don’t want this divorce and it is completely unexpected
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Whether you want the divorce or not doesn't really matter. He does and it will happen. You could be in trouble if the court in the home state takes jurisdiction of the child. You should be in your new state for 6 months, but if you want to try and protect yourself, I suggest filing for divorce and custody in the new state and get jurisdiction there. Talk with an attorney to figure out your best strategy.
Answered on May 17th, 2013 at 7:51 AM
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Unless you have a court order giving you permission to move your child from Massachusetts or have your husband's permission(preferably written) to do so, then your husband could get a court order for custody of your child and you would be ordered to allow him to take physical custody of her. You should immediately consult a lawyer to take appropriate legal action to protect your physical custodial rights.
Answered on May 17th, 2013 at 3:52 AM
If there was no action for dissolution pending when you left, you did not violate any law by leaving. The longer you live in your new state, the less an Illinois court has jurisdiction over the child. You have not indicated when you left. If he were to file now and ask that the court order the child be returned a court may order you to return, depending on when you left. Once you have lived in the new state for 6 months Illinois no longer has jurisdiction over disputes regarding the child.
Answered on May 17th, 2013 at 3:47 AM