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In the state of IL, can the custodial parent move to another county, while staying in state?

Wheaton, IL |

I live in DuPage County. I am the custodial, residential parent. My child's father also lives in DuPage County. My new husband just got a job in NW IN, but I only want to move to Cook or Will County. I know my ex husband, father of my child, would never agree to allow me to move to NW IN, even though it's considered a Chicago suburb to many, so I would just like to move as close to IN as I can while staying in IL.

Attorney Answers 4

Posted

unless there is a restriction in your parenting agreement, you may live anywhere in illinois you wish with your child. the parenting time will have to be adjusted. you may have to do the driving.

consult with a divorce atty. in dupage county.

in re the marriage of means is the case.

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Gary L. Schlesinger

Gary L. Schlesinger

Posted

according to means, the restriction may not be valid.

Asker

Posted

There is no restriction in the JPA. Just the standard joint custody language of health, education, and religion. Also advising the other parent of change in residence.

Asker

Posted

How much notice do I need to give for moving to another county?

Gary L. Schlesinger

Gary L. Schlesinger

Posted

i would say as much as possible. then he or you should file a petition to modify the parenting time.

Elizabeth M. Feely

Elizabeth M. Feely

Posted

Under the GPA, she's under no obligation to tell him of her change her residence until she's moved. If you tell them in advance, he may I will petition in court and attempt to prevent her from moving from the county. Once you've moved from the county, he'll have little recourse other than to negotiate a new schedule including transportation arrangements.

Posted

In a case like yours, the kicker is the visitation.
Even though you can move anywhere in Illinois without prior court approval, the problem is that you will have to insure that he still gets his visitation.
If you are willing to provide transportation in connection with visitation, then there should be no reason he can prevent you unless he has been involved with extra curricular and school activities.
If your husband's job provides significantly more income to improve your standard of living, then you should be able to overcome a lot of the father's arguments.

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Asker

Posted

Our JPA says he does all driving. If I agree to do half the driving then there shouldn't be a problem, correct? I'm only trying to move a county over--from DuPage to Cook or Will--although I'd prefer to move to NW IN.

Ray Choudhry

Ray Choudhry

Posted

Not correct. You are the one creating the new situation. On the other hand, you do have a bargaining chip since he did all transport. Have you thought about talking to him. It's amazing how many people just assume.

Posted

You may move anywhere within the boundaries of the State of Illinois. Your visitation schedule might need modification but you can certainly move. There are many wonderful communities in the South Cook-Will County area. You will be fine.

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Posted

Couldn't have said it better myself, Gary.

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