QUESTION
What rights do I have and what do I need to do in order to keep custody of my child?
Asked on Jul 13th, 2013 on Child Custody - Illinois
More details to this question:
Hi, my husband has hurt my child several times and hurt me a few times as well. He is emotionally abusive but would not agree to a divorce unless I leave my child with him. He has been unemployed for 3.5 years and I have been supporting my whole family. I would like to relocate with my child from Illinois to FL. Can I just leave with my child without him knowing? When I tried to leave and let him know, he wanted to slash the tires on my car and also threatened me with a gun. For the safety of my child and myself, I would like to leave. Thanks,
2 ANSWERS
Divorce and Family Law Attorney serving Hillside, IL
Partner at
The Law Office of Vincent C. Machroli, P.C.
1 Award
You need to try to get a court order permitting you to relocate the child. The domestic relations courts use the standard of, is it in the best interests of the child to relocate? A skilled domestic relations attorney would need to discuss this matter with you in greater detail, & ask you many questions, in order to give you the complete, proper legal advice you need. Schedule a consultation ASAP. Once the matter is resolved to your satisfaction, you'll be glad you paid the money to hire a skilled attorney, & properly protect your, & your child's, legal rights.
Answered on Jul 22nd, 2013 at 3:05 AM
If you are married to him and there is no divorce pending, you are free to leave and go to Florida. There is nothing preventing you from leaving. Be aware that once you leave he may well file a divorce here and ask that you be ordered to return. You have a good argument that the court should not order you to return as it is appropriate to maintain the status quo at the time of filing, which is you living in Florida. This is especially you due to the history of spousal abuse.
Answered on Jul 15th, 2013 at 7:47 PM