QUESTION
If I obtain full custody of my daughter from my ex-husband, can I move myself and daughter out of state?
Asked on Nov 04th, 2013 on Child Custody - Illinois
2 ANSWERS
Divorce and Family Law Attorney serving Hillside, IL
Partner at
The Law Office of Vincent C. Machroli, P.C.
1 Award
Only two ways to accomplish what you are seeking to do:? either obtain an "Agreed Court Order" signed by both your ex-husband & a Domestic Relations judge at the court where your were divorced, or seek to obtain a "Court Order" signed by just a Domestic Relations judge at the court where you were divorced, if your ex-husband doesn't agree to moving the child.
Answered on Nov 19th, 2013 at 7:42 PM
Custody does give you the right to leave the state with your child. You are required to seek permission of the court or the ex-husband to "remove" the child. There is substantial case law on this subject which provides that you have to meet certain tests for a court to consider granting you leave to do so.
Answered on Nov 07th, 2013 at 6:12 AM