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I have joint custody of my son but am the non-custodial parent. What steps do I need to take if my ex wife moved from IL to CA

My ex wife is the custodial parent of our 8 year old son. My decree states I get him every other weekend and 1 day during the off week plus every other holiday. Due to her moving 21/2 hours away we did every other weekend and holiday. Now she has moved to California with my son and I need to know what I can do to get him back to IL and are there laws in California that would be in her favor?

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Attorney answers (1)

Reputation Level 16
If you have joint custody, even if your son wasn't living with you, your wife can't move him out of state against your wishes unless she has an order from the court. If she didn't take these steps, you can go to court and contest the move. In these cases, the judge considers several factors including what is in the best interest of the child, and how it will affect visitation with the out-of-state parent, before deciding whether to allow the move. Without knowing all the facts, including how long ago they moved, Illinois law will likely apply (so California laws will not) and your case will be in Illinois. You should talk to an Illinois custody attorney as soon as possible - waiting may hurt your case. If you need help finding an experienced child custody attorney, give me a call. I'd be happy to recommend someone I know. 1-800-517-1614.

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