Help! My Ex Took My Child Out of Illinois

 Posted on December 23, 2024 in Child Custody

as taken your child out of the state without your permission can be scary, to say the least. You may be worried about your child's safety and unsure of your legal rights or what steps to take next. If you are in this situation, you are not alone. An experienced Illinois family law attorney can help you act quickly, navigate this challenging situation, and protect your parental rights and your child's well-being.

Can a Parent Just Decide to Take a Child Out of State? 

Under Illinois law, parenting agreements play a major role in determining whether one parent can take a child out of state. If you and your ex have a court-approved parenting plan, it might already have specific rules about travel and relocation.

Generally, even a parent with sole or primary custody must get either the other parent's consent or court approval before relocating a child more than 25 miles from their home. A parent who takes a child out of Illinois without following the proper legal procedures may be in violation of the custody agreement or court order.

If your ex has taken your child out of Illinois without your consent or approval from the Court, it is important to act quickly.

Steps to Take if Your Ex Removes Your Child From the State 

If you believe your ex has unlawfully taken your child out of Illinois, you might consider taking several steps: 

• Remain Calm: While this situation is understandably upsetting, staying calm will allow you to think more clearly and act decisively.

• Contact an Attorney: A family law attorney with experience in interstate child custody disputes can guide you through the legal process and work to protect your parental rights.

• Gather Evidence: Keep records of your communication with your ex, including any texts, emails, or messages that may demonstrate he or she left Illinois without permission.

• File an Emergency Motion: Your attorney can help you file an emergency motion in Family Court to address the unauthorized relocation.

• Involve Law Enforcement (if necessary): If you believe your child is in immediate danger, contacting local law enforcement or the National Center for Missing and Exploited Children may be appropriate.

How an Attorney Can Help When an Ex Moves Your Child Without Permission 

Child custody disputes across state lines involve complex legal issues. A family law attorney can help you understand your rights under Illinois law and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

A lawyer can file legal motions to request the immediate return of your child and represent you in court proceedings to ensure your case is presented clearly and effectively. In some cases, attorneys work with law enforcement or other authorities to locate and safely return your child.

Contact a Palatine, IL Child Relocation Attorney

If your ex has taken your child out of Illinois, you do not have to face this situation alone. Contact a Barrington, IL child custody attorney at The Law Office of Nicholas W. Richardson, P.C. for help. We will work tirelessly to protect your rights and your child's best interests. Call us at 847.873.6741 to schedule a free consultation today.