Mother wants to leave with kids

[parent2]

Our daughter who lives in McHenry County, Illinois, may need to find a new home for herself and children. Her husband will not provide for them and they may now be evicted from a rental house. She would like to take the children and move to Wisconsin to live with us for a while. The husband works and lives with them but spends most of his pay at bars. The question is: When they are evicted can she move to Wisconsin into our home where we can help provide for them without divorcing her husband right away. Also can she move with the children to Wisconsin for the welfare of the children without her husbands consent?

Thanks for any help,

parent2

 

[Duranie]

She can but it is not a good idea. Dad can always file for divorce in his state and ask for custody or the kids to be returned. If Dad does file for divorce his state will have jurisdiction which will be a big inconvenience for Mom. If mom leaves the state with the kids she does have a chance of losing custody. Personally its a better idea if she file for divorce and ask for permisison to leave, and get a job there while the divorce is in process.