Q: My daughter wants to leave state before she is divorced with her 2 kids is this possible or what are the rules for this?
My daughter has been married for 7 years and my daughter wants to leave the state with their two children. I just wanted to find out what the laws pertaining to this are. She lives in Winnebago County. Can you please help me so I can help her.
A:
If the divorce has been filed or if a court has entered any order dealing with parentage, allocation of parenting time, custody, support or visitation, then she should not relocate without having either the permission of her husband or a court order saying she can do so. Getting either the husband's permission or the court order requires jumping through several very specific legal hoops -- she should speak to a lawyer before trying either one.
On the other hand, if there is no court proceeding on file dealing in ANY way with ANY of the topics listed above, then she is probably (note that I used the word "probably" rather than the word "absolutely") free to leave with the children. She should still speak to an attorney about relocating first, since there may be important factors of which you are unaware or that an attorney can discover during an initial interview that are not revealed in your question..
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