My wife is planning on moving my kids out of state before we get the divorce started. What do i have to file with the courts to take and get a stop put on the move. I know for a fact the judge won't allow the move but i can't get anyone to tell me what i have to file to stop it
2007-11-15 04:41:14 · 5 answers · asked by topbetter1979 2 in Politics & Government ➔ Law & Ethics
the problem is don't have the money for the lawyer and the courts says i have to take and tell them what i am filing. So do i just go and say i want to file and injuction?? i live in illinois and always have
2007-11-15 04:49:10 · update #1
If you have not yet filed a divorce action, then you either need to come back here and tell us in what state you currently reside and how long you have and if the two of you are living together now.
EDITED BASED ON RESPONSE:
While, if she moves, you may not force HER to return, once you file for divorce in your state (before she obtains residency in her state) the court CAN force the return of the children to the jurisdiction.
However, since they have not yet moved, I would encourage you to copy and fill out the following form:
http://www.ilrg.com/forms/divorce-mc/us/il
and submit it to the court clerk with the appropriate filing fee and the added clause:
Petitioner further prays the court order an immediate injunction requiring the minor children be enjoined from leaving the jurisdiction until such time as the court has disposed of the above matter.
2007-11-15 04:45:02 · answer #1 · answered by hexeliebe 6 · 1⤊ 0⤋
Go get a lawyer, today.
You need a status quo order which basically states all things stay just as they are now until the courts can sort the mess out.
Hurry, go, today. You will need to file for temporary emergency custody as your wife is planning on removing the children from the area.
Good luck, divorce sucks and it appears your wife is going to ruin your children because she hates you.
2007-11-15 12:45:42 · answer #2 · answered by Gem 7 · 0⤊ 0⤋
Hire a lawyer NOW. You may very well have only one chance to stop her. Once she has moved you can not force her to move back.
In most states at least some of the divorce papers have to be filed before you can seek an injunction.
2007-11-15 12:45:05 · answer #3 · answered by davidmi711 7 · 2⤊ 1⤋
You need to file an injunction with the court requesting her to put her move on hold until the divorce is final.
2007-11-15 12:44:35 · answer #4 · answered by nwest1999 2 · 1⤊ 1⤋
After the divorce is final you can also battle for custody on the children.
2007-11-15 12:47:31 · answer #5 · answered by Country Conservative 3 · 0⤊ 2⤋