DonnaMarieHH
Junior Member
My husband and I are married and have 3 children together. We moved to NY for a business venture with eventually went backrupt and he has been unemployed since March of 2009. He recieved the full 99 weeks of unemployment in NY. His family suggested we move into his uncles 2 family house until we get on our feet however my husband had a falling out with them and they no longer speak to us. His uncle now charges us rent, we have to pay for all upkeep of the property (septic tank pumped, new washer and dryer plumper fixed bathtub facet) plus we pay for total electric bill for both units. His mother and father send cards and christmas gifts for kids but that is the extent of the "help or support" we get from his family. We do not have any other family support in NY. I have been asking him to move back to IL for years. I have my entire family and close knit friends that are willing to help. My friend has a basement apartment for us to live in RENT FREE. The schools are better for the kids (right now we are paying for catholic school cause the public school is actually dangerous). My mother is retired and can watch the kids for free if and when we find work. It seems logical but he wont do it. He says he will arrest me if I try to take the kids out of state. He says I am welcome to leave but I cannot take the kids with me - I won't leave my children. I have asked him to go ahead of us to IL and look for work to begin setting up a life first then we can move after he finds work. He won't go to IL alone to find work but he says we cannot move together until be have 20 grand for rent and deposit and living expenses. I feel like I am prisoned by his bad decisions. My question: How do I petition the court to allow me to move with my children to IL legally? Even if I am still married? Do I have to get a divorce first? By the way he is an attorney licensed in both IL and NY unable to find work.