Mattoon, IL asked in Family Law and Child Custody for Illinois

Q: My husband moved out of state we are still married can he take our kids and move against my will?

My husband moved out of state very unexpectedly. He has had issues with drug abuse and he is threatening to take my children. While I have no problem allowing him the time with the kids I do not want him to move and not give them back. Can he do that? What rights do I have? What should I do?

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1 Lawyer Answer
James G. Ahlberg
James G. Ahlberg
Answered
  • Divorce Lawyer
  • Rochelle, IL
  • Licensed in Illinois

A: Unless a court order exists which determines custody between you and your husband, each of you has the same rights to the children. Neither one of you needs the permission of the other to move with the children unless a court order establishing the rights between you exists or depriving one of you of your parental rights.

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