Does anyone know the legaleze for this?

[joni]

Bear with me, I'm not sure that I'm recollecting this accurately.   What is the name of the law that is broken when one parent removes a child from the marital home without the permission of the other parent and leaves the state?  The parent remaining in the marital home can bring a court motion based on this to have the children returned to the state unless DV is proven.

Thanks

[Peanutsdad]

Unless there is currently a motion filed in court,,, no law has been broken.


What I suggest is immediately FILING in the local courts before the absentee parents is able to establish residency in the new state, thus keeping the action in the local court.

[DecentDad]

Hi,

No law has been broken here.  In a marriage, parents have equal custody of their kids, and barring some existing court order, either parent can make decisions regarding the kid.

The abandoned parent has two options:

1.  Go find child and bring child home.  This will probably lead to some nasty mess.

2.  Immediately file for custody in homestate, which often includes a restraining order prohibiting either parent from taking child out of state without further court order or mutual consent of parents.

The court motion to be filed would be a proposed temporary parenting plan pending further finding of the court.

The opposing side would have to be served with the orders (if the other side can be found) before they are expected to comply.  The other side (if represented) will likely want a motion to allow the parent to stay away for XYZ reasons, pending a further ruling.

Time is the real enemy in such situation.  Even if jurisdiction is established in the homestate, the parent who moved is establishing the status quo parenting arrangements.  Status quo, if in place for months or years on end, is an uphill battle to overcome.

Note:  I'm not a lawyer.  This is just my understanding of how it all happens.

DD

[MYSONSDAD]

Check the Illinois State Statues. I saw something in regard to this.

Have the same situation, but it is worded to where it can be interpred in a different way. Probably will be a case by case situation.

[catherine]

.

[joni]

Thanks...trying to recreate what happened for my husband's Catholic [annulment] divorce proceeding.  Will this ever end???????????

[joni]

Thanks...trying to recreate what happened for my husband's Catholic [annulment] divorce proceeding.  Will this ever end???????????