Skip to main content

What is the next step in an out of state removal case?

Carterville, IL |

I filed a petition for removal in IL. The 30 days is almost up after my ex was served and I have not heard anything. If he does not respond, what is the next step I need to take in order to move? Do I request to see a judge and seek a default judgment? I do not have an attorney and am not certain how to proceed.

Attorney Answers 3


Your next step is to hire a lawyer. You should have done that already. Unless you know the burden for justifying a removal, you are in trouble unless your ex simply fails to participate in the case. Removal cases are not easy. Why would you risk doing this yourself?

Mark as helpful

2 lawyers agree


would you try surgery on your son step by step by asking questions of an on line service? this is somewhat analogous.

if no response is filed, do a motion for order of default. give notice. set a court date. if the resp. shows, she or he will be given time to respond. if a response is filed, then do a motion to set a trial date. the judge may appoint a lawyer for the child, or a guardian to investigate, or a 604 advisor to report.

read eckert and collingbourne ill. sup. ct. cases on what you must prove at the trial.

good luck.

Mark as helpful

2 lawyers agree


You really should hire an attorney. Removal cases are very tough to prove. If he does fail to appear, you can request a default judgment - just make sure he was properly served with the petition. Even if you obtain a default judgment, your ex can request that it be vacated within 30 days.

Nothing in this post creates an attorney-client relationship. This post is not meant to serve as legal advice.

Mark as helpful

1 lawyer agrees

Family law topics

Recommended articles about Family law

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics