I will be moving in August but I'm unsure of the state. However, I am definite that I will be leaving the state of IL for work and school. I will not know the new state until 30 days out not the required 60 days. Can I have my child's father sign an agreement between the two of us stating he is fine with us moving out the state in general now and have it notarized? I do plan to give him all the details but I don't want to have issues for not having 60 day notice when I know now.
As long as the parties have an agreement, they can pretty much do whatever they choose to do. That said, the right way to do it is by having an appropriate court order entered which should also provide for allocation of parenting time and responsibilities required by the relocation. There is also a need to determine who pays transportation costs and other expenses related to exercise of parenting time by the father. Consult with an attorney so that what gets done is done correctly.
An agreement may not be valid if it leaves out important terms.
A move with a child 50 miles away may not result in the same objection as compared with a move 1,700 miles away. Then the moving parent would have to be able to show the judge why it was not practical or possible to give the minimum 60 days notice.
That is, if the other parent decides to object.
If there was a prior court order granting the child's father any parenting time, it is safest to modify that order by agreement so as to reflect the relocation and that the parties both agree.
There are a number of other variables that may come into play such as whether there is a current parenting plan, and what is the degree of involvement by the other parent in the child's life. In most cases, close communication is key to the parents working it out so as to avoid the issues that may arise.
The information provided here should not be construed to be formal legal advice. The provision of this general advice does not create a lawyer-client relationship. Persons with legal questions are encouraged to seek independent counsel for advice regarding their individual legal issues.
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