Zuba & Associates, P.C.

Can my ex really change our child custody agreement and move?

With the Internet connecting people all across the globe, the world might seem quite a bit smaller than it did even a few years ago. However, for a parent facing the relocation of his or her child, a move outside of Illinois state lines can feel overwhelming. While concerning, there are specific laws that apply to child custody and the removal of a child from one state to another.

Relocating for a job, education opportunity or a number of reasons might not be that uncommon, but it becomes significantly more complex when a child of divorced parents is involved. Challenges often arise when a parent with primary custody attempts to relocate with the child, but the noncustodial parent objects to the move. While there could be any number of reasons behind the objection, many parents simply wish to remain in close proximity to their children, which is an understandable desire.

Prior to a move ever actually taking place, the custodial parent must first obtain consent from the other parent. This is usually accompanied by a proposal for an altered custody agreement that includes an updated visitation schedule. If the noncustodial parent agrees, then the move can go forward as planned; if not, the parent who wishes to move with the child must make a compelling argument to the court. These arguments are typically statements referred to as good faith reasons and can cover various reasons for the move. If the court deems that the move is in bad faith, it may deny the request.

Emotions often run high in child custody issues, and for good reason. Most parents in Illinois love their children and would do whatever possible to remain in an open and close relationship. However, when life changes present a possible interruption to that relationship, it can be necessary to take appropriate action to ensure the continued best interests of the child.

Source: FindLaw, "Child Custody Relocation Laws", Accessed on Aug. 25, 2015

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Zuba & Associates, P.C

Firm Location:
6067 Strathmoor Drive
Rockford, IL 61107

Phone: 815-397-7000
Fax: 815-397-1834
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