Check out some similar questions!

SheRocks · Sep 29, 2010, 08:31 PM

I currently live in Illinois where I got my divorce... I was awarded sole custody of my children and I am wanting to know if I can move out of state.. there is nothing in my divorce papers that state I cant...

Justwantfair · Sep 29, 2010, 09:12 PM

You should still be required to file a Petition for Removal and a Modification of Custody assuming that your divorce decree already allows for a visitation schedule that will be impacted if you move out of state.

SheRocks · Sep 29, 2010, 09:16 PM

My divorce decree states he has visitation rights with n a reasonable 24hr.notice.. its very generic

Justwantfair · Sep 29, 2010, 09:26 PM

You could always contact an attorney and discuss the situation.

Usually ANY move affects visitation in some way. Although what is stated is generic, what is the typical schedule? How is that affected?

Everything is simpler is Illinois family court if it's uncontested, would your ex agree with your removal of the child(ren)? If he chooses to fight, you will have to return with the child(ren). I do not believe that you can just move out of state, no matter how generic your divorce degree is stated.

cdad · Sep 30, 2010, 03:54 AM

What has your ex said about all this?

ScottGem · Sep 30, 2010, 04:01 AM

Originally Posted by SheRocks

my divorce decree states he has visitation rights with n a reasonable 24hr.notice..its very generic

In that case, you need court permission to move. Unless your move would not impact on his ability to have visitation (you may live near the border and want to move to a neighboring state so the travel time isn't impacted).

But if your move will impact his ability to exercise his visitation rights, you need to get court approval for the move.

SheRocks · Sep 30, 2010, 09:37 AM

My Ex.. said no cause it does work for him.. he doesn't want to drive as far as anything else goes... I failed to mention before that he gave me sole custody he didn't question the fact.. we had a uncontested divorce.. he only see the children every other weekend.. thats all he wants.. I have offered summers and various other times it doesn't work for him so he claims... its pretty much up to the courts then ?

SheRocks · Sep 30, 2010, 09:53 AM

When I asked him if I could take the kids out of state.. I told him I would give him long weekend, all holidays and the entire summer. His quote was he didn't want to drive that far. I understand but also in return the reason for the move is so I can have help with the children. I am on the brinks of losing my job now because of sitter issues.. my brothers both moved down there over the last year and my dad was helping with the kids about a month ago my father moved to Georgia.. which left my boyfriend to help out with the kids.. he no longer wants to partake in watching the kids.. My Ex claims he can't help me with the kids cause he works but his soultion was that I give the children to him full time . To me that don't make sense... I have no other family that can help me out . My children are used to being around there uncles and have spent more time with them at times then there own father? I am unsure if this would present a good enough case to be able to take my children where I could better provide and give them a more stable family environment?

cdad · Sep 30, 2010, 02:13 PM

Really in a case like you presented you should be paying the transpotation fees for the children since you're the one doing the moving. Maybe if presented that way it might work better for you.

ScottGem · Sep 30, 2010, 03:12 PM

A court MIGHT allow the move if you can prove it serves the best interests of the children. But I think it's a long shot. If he is exercising his rights and your move will interfere the courts are likely to side with him.

SheRocks · Sep 30, 2010, 08:09 PM

What would be other factors in my favors that would allow me to take them out of state beside.. inference to his visitation?

Justwantfair · Sep 30, 2010, 08:34 PM

Factors that will play a role...

The reasons for the move,
The benefits to the children (inc. schools, family support systems, etc.),
Employment opportunities,
The fact the you have sole custody currently.

What can happen when you petition the court, he can counter petition for custody, you may have to pay all transportation costs and give up all free time with your children to accommodate the change in visitation. He is not agreeable to a move, so expect the court to drag out a decision for the next year to eighteen months. Also, expect to pay thousands in attorney's fees. The first thing the court will do is send you to mediation, it's in the best interest of all parties to come to a compromise prior or at that time.

Otherwise, plan on ditching the idea of a move until your youngest child is 18. Unfortunately when you settled together you choose Illinois, having children limits your ability to relocate whenever you would like.

SheRocks · Sep 30, 2010, 09:30 PM

What happens if I petition the court and he doesn't show up ?

Justwantfair · Sep 30, 2010, 10:23 PM

How could you arrange for him not to show up?

It has to be certified delivery. If he doesn't show and you can prove that it was delivered, they will reschedule and try and locate your ex-husband, by having him served by a process server.

What leads you to believe he wouldn't show up? Are you doubting he cares about your child(ren)? I don't think this would be a court call he would miss.

ScottGem · Oct 1, 2010, 03:53 AM

If he doesn't show then you might get a default judgment in your favor. But it would appear he would show.

SheRocks · Oct 1, 2010, 09:53 AM

I would never arrange for him not to show up? That would be by his choice, it was just a general question. What leads to believe he wouldn't show up is he is selfish if it doesn't meet his requirements, he chooses to partake.