My Ex Has Custody And Wants To Take My Children Away Against My Wishes, What Are My Rights?
In Illinois, a parent is not allowed to move the children more than 25 miles from the original home of the children (usually the marital residence), without court approval, It does not matter if they have custody, they must have court approval either through a written agreement from the other parent that was put into a court order or a court order after a hearing on a motion. Therefore, you cannot move more than 25 miles without getting permission from the court.
If the children are moved away against the other parent’s wishes or without court approval, a motion to have the children brought back into the jurisdiction will need to be filed immediately. The court will then bring the children back into the jurisdiction. Do not wait! If the children live in another jurisdiction for 6 months or more, another different court may be making the decisions.
If A Court Grants A Relocation Request, Does That Change Visitation Schedules? Are Travel Time And Costs Considered?
If the court grants a motion to relocate or if it’s agreed to by the parties, visitation may change substantially and a new visitation schedule will most likely be entered. It is common for the person who has chosen to relocate to bear the burden of the costs. The court tries to give the parent who didn’t relocate as much time with the children as possible. They might get more time in the summer, every spring break instead of every other, long weekends, and the majority of the holidays. The goal is for the children to maintain their relationship with the non-moving parent.
For more information on Modifications in Divorce Cases in Illinois, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (847) 234-4445 today.