Stopping Your Ex From Moving Your Kids Across State Lines

relocation and child supportQuestion:

I found out my ex-wife is planning on moving out of state with my two boys. Is there anything I can do to stop her?


I do not practice law in your state. Therefore, I cannot inform you as to the specific laws of that state and can only provide you with general tips on divorce and family law.

You will need to file an emergency motion to enjoin (stop) her from removing them from the state. If she has already left, you will need to file an emergency motion to have them returned to the state.

Illinois divorce attorney Christina Milien
Illinois divorce attorney Christina Milien

You will also need to review the judgment of dissolution to make sure that it does not give her (or you) the right to permanently remove them from the state. Having them returned will obviously be much more difficult if such a provision is included.

Even if it is, though, you can still file a motion to modify custody/visitation given the substantial change of her relocating out of the state and ask the court to provide for visitation where you are and/or where she is to continue their healthy relationship and bond with you.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Illinois divorce lawyer Christina Milien, contact Cordell & Cordell.

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One comment on “Stopping Your Ex From Moving Your Kids Across State Lines

    My wife whom I’m currently separated with has been keeping me away from my eight year old daughter she has filed a restraining order against me that was dismissed then I filed for custody and also filed a emergency stop motion to keep her from fleeing to another state where her boyfriend lives so she told me that she was going on vacation with my daughter and her grandmother so the day after fathers day she took off and her mother my daughter’s grandmother didn’t even go. So she told me they would be back in about two weeks but now says that she’s moving there and not coming back my motion for custody is now just coming up where she has to respond. What do I do?

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