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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?

Chicago, IL |

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

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.

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Attorney answers 4

Posted

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.

Posted

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.

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Peggy M. Raddatz

Peggy M. Raddatz

Posted

Visitation

Posted

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 adoption and family law . Any response to a question on AVVO does not constitute an attorney client relationship, but is general information based on the limited information provided .. For a free initial consultation, contact this attorney Sara Howard adoptlaws@yahoo.com 773/ 509-1818

Posted

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.

Peggy M. Raddatz

Peggy M. Raddatz

Posted

You do not have to go to court but we are recommending an Agreed Order. Read my comments about all the issues involved.

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