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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 27198
Experience:  Attorney with experience in family law.
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My husband came home a couple weeks ago and asked for us to

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My husband came home a couple weeks ago and asked for us to seperate and consider divorce. He asked that we move out the house that we are renting and into two seperate apartments in the same complex so he could be apart of our kids life. I was against it, but told him i would look for apartments. Since then we barely talk and he is rarely home. Last week he bought his baby mama to Illinois and have been playing house. I couldnt take it anymore so yesterday I packed my kids up and we left to North Carolina to stay with my sister. He called and told me that I had 30 days to bring the kids back to him or he was gonna file them missing and take me to court for custody. Can he do that? He asked for the seperation so i left, what options do i have?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The kids are not missing. Without a custody order, either parent may travel or move with the children. It would be illegal for him to file a police report when he knows that you are the lawful parent of the child and they are with you. Police would not go after you for taking your own children when there is no court order that prevents you from leaving the state with them.

He can sue for custody. You could also file a suit seeking custody, however, the Illinois court retains jurisdiction over your divorce until you establish residency in North Carolina - which takes six months. You would have the ability to file for both divorce and custody in Illinois. Regardless of who files for custody, each of you must convince the judge that it is in the best interests of the children to stay with you. You have the ability to request a "morality clause", which means that he may not have overnight guests when the children are staying with him - this also prevents a parent from cohabitating with anyone other than a new spouse. The primary problem with allowing for him to file for custody first is that he can seek a temporary order without notifying you, and a judge would have the ability to order that you return the children to Illinois. You may want to talk to an Illinois attorney in the county where your husband lives to discuss the case in detail.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

Your answer was right on time. I just want to know how long does he have before he can file for temporary custody?

He could file today if he wanted to. There isn't any required waiting period. When parents separate, either parent can go to the court at any time to file for custody.
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