Waterloo, IL asked in Divorce and Child Custody for Illinois

Q: I have been separated for years is it legal for me to move with my child with out the father's consent out of state?

I currently live in Illinois and my spouse lives in Missouri. I am trying to move to Alaska and I said we could split time with our son down the middle but he said no I can't go so just seeming what is legal and if I can take him.

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1 Lawyer Answer

A: If by "separated" you mean legally separated by virtue of a court order, then you cannot move to Alaska without jumping through a particular set of legal hoops to get permission from your husband or the court. If by "separated" you mean you've simply not lived together and there is no court order whatsoever in regard to your marriage or in regard to parenting time (formerly called custody and visitation), you can probably move to Alaska despite your husband's objection. This is a terribly important matter and you've provided scant facts with which to work. I encourage you to contact a lawyer practicing family law to explore your options. If you're going to do this it needs to be done by the book.

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