[cathy7695]

My husband had his 2 kids living with him pretty much their whole life. 4 years ago he was in a really bad motorcycle accident and is now disabled. We went to court about 2 years ago and they have joint custody with the mother's home being the primary residence. She now wants to move to California with the kids. How can we find a good lawyer that will really fight for us? The last attorney didn't do much for us. HELP!! :confused:

[GV70]

Where are you in

[arhouston]

That's terrible what happened to your husband he must have a serious injury that would lead the judge to think he can't take care of his kids and now his kids mother is doing this to him my prayers go out to you guys FIGHT FOR [U]YOUR[U] KIDS good luck!

[cathy7695]

where are you in

We are in Illinois and she wants to move to California.

[GV70]

If a custodial parent wants to move out of Illinois with the child, will this be permitted?
A child may not be removed permanently from the state without a court order. A removal petition is not considered a petition for modification of custody, even where the parents have joint custody of the child, despite the reality that removal would result in a change in the child's present visitation schedule and diminished involvement with the non-custodian. Removal must be proved to be in the best interests of the child, not merely for the custodial parent's convenience. The State of Illinois retains jurisdiction when the minor child is absent from the State. Illinois public policy is to insure the maximum involvement of both parents in matters involving the physical, mental, moral and emotional well being of the child. A court must consider the following factors in determining whether a proposed removal is in the best interests of the child:
The likelihood that the move will enhance the general quality of life for both the custodial parent and the child
The motives of the custodial parent in seeking the move to determine whether the removal is merely a ruse intended to defeat or frustrate visitation
The motives of the noncustodial parent in resisting the removal
The visitation rights of the noncustodial parent; and
Whether a realistic and reasonable visitation schedule can be reached if the move is allowed.
For a time, it was very difficult to obtain a court order permitting removal of a child, and the custodian might well be in the position of choosing between a child and a new spouse or important career move. The pendulum appears to be swinging towards a more neutral position, but removal will not be permitted unless the parent seeking it provides thorough evidence comparing the benefits of the move for the child against the benefits of staying in Illinois. Such issues as the type of housing, job opportunities, excellence of neighborhood and school, activities for the child, and a well-considered plan to keep the child in touch with the left-behind parent must be addressed. It is also to be noted that some judicial districts in Illinois are more lenient about allowing removal than others. In a case in which a parent may wish to petition for removal of the children, the attitude of the court is a factor to be considered where a choice of venue for the dissolution proceeding is possible.

[cathy7695]

thats terrible what happened to your husband he must have a serious injury that would lead the judge to think he can't take care of his kids and now his kids mother is doing this to him my prayers go out to you guys FIGHT FOR [U]YOUR[U] KIDS good luck!!

Actually the judge didn't think he couldn't take care of his kids (even with his disability). The mother brainwashed the kids to think they only visited their dad not never lived with them, so they figured if it's not broke don't try to fix it. But they ALWAYS lived with their dad and visited the mom. At one point the mom lived in California and the kids went to school here. If they always lived with their mother how can that be?? It seemed like they were on the mother's side all the way. He's a great father too. He would do anything for his kids!

[s_cianci]

If you have joint custody then the mother shouldn't be able to move them out of state unless the father consents. Any lawyer ought to be able to handle this.