I am moving out of state with my child due to a job transfer. The father has agreed to this. Do we still have to go to court?

Asked 7 months ago - Chicago, IL

We have joint parenting, but I am the residential parent. we are both re married with other kids

Additional information

In our paper work it doesn't state if I can or not. It just says the child is to be in the residential parents (me) possession ar all times.

Attorney answers (4)

  1. Sara R. Howard

    Pro

    Contributor Level 14

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    Lawyers agree

    Answered . It is preferable to have your agreement incorporated into a court order. If the father is ok with this you can present this as an Agreed Order. The alternative of not doing this could be a potential problem if at some later time the dad changes his mind

    Sara Howard is an attorney licensed to practice law in Illinois since 1983. Her practice concentrates in in... more
  2. Joseph Pierce O'Brien

    Contributor Level 14

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    Lawyers agree

    Answered . Yes you have to go to court and get an order entered by the judge even if there is an agreement. I would recommend hiring a lawyer to help you draft the order and have it entered by the court.

  3. Wes Cowell

    Pro

    Contributor Level 18

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    Lawyers agree

    Answered . You'd be foolish, not to go to court to get this cleaned up. The understanding should be reduced to a writing acceptable to the court and presented to the judge to approve and enter in the court's record. If you don't do that, you set the stage for a lot of problems, later on.

    There are easy and simple ways to get this taken care of while holding down costs and expediting the process. Make some calls and get it taken care of, soon.

  4. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . The law states the other parent must agree. So long as you memorialize his agreement in writing with witnesses it should be fine. It would be best to enter an agreed order in the court. It would be rather inexpensive to have a lawyer draft this and both parties sign the agreed order and one or both parties can then take the order to court. The order should contain the revised visiting schedule and address summer vacation, spring and winter breaks and who pays the costs of transporting the child back and forth for bisitation. It can become much more complicated then you think even if agreed upon.

    IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO... more

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