My husband and I recently separated, we have 3 children together. We all lived in Missouri in the same household up until July when he decided he wanted to relocate to Georgia and leave the kids and I in Missouri. It was tough for me to handle all the bills on my own and take care of the kids so the kids and I decided to move to Chicago (where I am from and also got married and had all 3 children) to be close to family as I was going through this separation and couldn't afford to pay the bills on my own income. So we moved back to Chicago and as much as i loved my city I realized st.Louis was a better fit for the kids and I, more affordable, I have a great job opportunity, the kids were in a great school and just an all around better place to live (for us). Well now my husband is saying I better not take my kids back to st.Louis and threatening to take me to court if I do. So I'm wondering if I am allowed to moved back to Missouri ad he is still living in Georgia? And also can I file for child support even though we are still legally married and if so do I do I in Missouri or Illinois where we got married?
In order to file any case in Illinois, one of the parties needs to live here for at least 90 days. If that is not the case, then you would likely file in Missouri, and since each state has their own laws, if you are going to go back to Missouri, I would contact an attorney there to move forward with child support and/or filing for divorce.
From what you say, MO is the home state of the children, and that is where any court action involving divorce or support should be filed. Should discuss your situation with an attorney there. Move from IL to MO would not seem to be an issue.
This is a complicated legal question. Therefore you should talk to a lawyer before taking any further action. Once something has been filed in court in any state your ability to move may change, so it's important to talk to a lawyer before moving or filing anything in court.
Your husband is not a divorce lawyer, so don't listen to what he says about where you have to live. You say you wish to move to MO with the children, so do it. When you get there, file for divorce, and have your husband served with process in Georgia. This will open the door for you to get support from him. MO is already, or will be the home state of the children, so you should remain as the residential parent. Legally, you have way more rights than you husband has you believing.
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