I'm married and love my husband but his family is toxic and refuses to follow my instructions for our child, endangering her. His father is a recovering alcoholic, his brother is a convicted felon, his mother enables both and my husband works 12 hour days 5 days a week. We live separately from them but they insist on visitation. I'm disabled from an accident two years ago and don't work but I'm still able to care for myself and my daughter. I want to move away from his family and back home, out of state to live with my mother (who has been financially supporting us over 3 years and is more than capable of supporting my daughter and I for the rest of our lives). Do I need to file for divorce to be able to take my infant daughter (7 month old) with me, with or without his permission? Am I legally allowed to just take my daughter and leave without his permission if we are still married? I don't want to divorce my husband but I don't want my daughter around his family anymore. We have a WI marriage license and I would be moving to IL.
You've posted this question in the criminal defense section. While some defense attorneys might be able to answer this question, I'd suggest reposting under family law or divorce for the most accurate answer. Good luck.
Each parent is entitled to travel with and move their children. However, you cannot hide the child from him. So, tell him where the two of you are and how to get in touch with you. You could even offer to Skype so he can interact frequently with the baby.
That said, your actions could cause HIM to file for divorce or otherwise start an action to establish custody and placement for your child. To get an idea of how likely it is for a judge or commissioner in your area (the county where you live/ your husband will remain living) to prevent a move or require the child to move back, you should speak with a local attorney who practices primarily family law in that county.
If your husband does not object to your move, the longer you and the child live elsewhere, the less likely it may be that you would be required to move the child back. Maybe you should start with an agreement for a trial period with you living with your family. Once you decide you intend to stay in IL, talk to a family attorney there.
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