Saint Louis, MO asked in Family Law and Child Custody for Illinois

Q: I want to move from Illinois to Missouri with my children but my ex husband will not allow it

So after he said no, I filed a petition with the court. I haven't gotten any response from the court at all. School has started and it will be better all the way around if we moved. What can I do, if anything, to speed up the judge to get a court date? What will happen if I just moved without waiting on a hearing? Their father hasn't paid child support since march 19 and he has every other weekend visits but has only had them one night since March and that was back in May. It is a better school district with more activities and opportunities for the boys and a better job market for me. What can I do?

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1 Lawyer Answer
Robert B. Buchanan
Robert B. Buchanan
Answered
  • Divorce Lawyer
  • Downers Grove, IL
  • Licensed in Illinois

A: You will not get a response from the court without having a trial.

You have to present your motion to the court by scheduling it per the clerk's instructions.

The court will then set a briefing schedule and set the matter for hearing.

The rules of evidence are complicated and the burden is on you to prove the move is in the kid's best interest.

I would highly advise you at least consult with a lawyer.

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