Out of state move with son

[Boogiewipes]

What is the name of your state (only U.S. law)? Illinois.


I live in far northern illinois by the Wisconsin border. Divorce pending in Lake County. I have Temporary Posession of my six year old son.

My lease is up soon and I was thinking about moving to Wisconsin as the property taxes are 1/3 of what they are in Illinois and the schools are much better than where we are. My Ex lives about 20 minutes from my son and I right on the border as well. My Ex has also said that she would like to live in Wisconsin.

Can I move my son and I to Wisconsin? If so, as long as I live within the same proximity of the mother as I do now, is this a problem? What if I move further away than we currently live from the mother (the area she was talking about is around Milwaukee while I was thinking southwest bedroom communities). There are no Temporary Orders outside of the one I've mentioned and there is no language other than visitation mentioned in the one temporary order (son is with me 5-6 nights a week).

I want to get my son established in his new school district for next fall. Thank you.

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois.


I live in far northern illinois by the Wisconsin border. Divorce pending in Lake County. I have Temporary Posession of my six year old son.

My lease is up soon and I was thinking about moving to Wisconsin as the property taxes are 1/3 of what they are in Illinois and the schools are much better than where we are. My Ex lives about 20 minutes from my son and I right on the border as well. My Ex has also said that she would like to live in Wisconsin.

Can I move my son and I to Wisconsin? If so, as long as I live within the same proximity of the mother as I do now, is this a problem? What if I move further away than we currently live from the mother (the area she was talking about is around Milwaukee while I was thinking southwest bedroom communities). There are no Temporary Orders outside of the one I've mentioned and there is no language other than visitation mentioned in the one temporary order (son is with me 5-6 nights a week).

I want to get my son established in his new school district for next fall. Thank you.

I would get mom's permission, in writing, before attempting that. Otherwise it would be best to have a court order granting you the right to relocate the child. Most likely you would be granted the permission if you did not change the distance between you and mom in doing so. If she later decides to move somewhere further away, then that is on her.

 

[Boogiewipes]

I would get mom's permission, in writing, before attempting that. Otherwise it would be best to have a court order granting you the right to relocate the child. Most likely you would be granted the permission if you did not change the distance between you and mom in doing so. If she later decides to move somewhere further away, then that is on her.

Mother is unlikely to agree to anything I propose. I could literally live closer to her by moving out of state.

The school district I'm looking at is in the top 10% in the state and is far better than the offerings in north eastern illinois. Ultimately, it appears that it would be 10 minutes further from my ex but in a far better school district with much more affordable housing (rentals and owner occupied). The kicker is that due to mother's mental health issues, she will simply say "no" or not reply at all in an attempt to maximize the legal fees as she doesn't believe she will ever be responsible for any portion of them. She uses her attorney as a counselor which then causes cascading legal fees due to her attorney forwarding everything she tells her onto the GAL and my attorney.

What is my risk is just moving to this town in Wisconsin? There are no court orders preventing it and my ex has no legal decision making for our son at the present time due to the Temporary Possession order. Is there something in Illinois law that would prevent this? Once I'm established, I'm sure she would move to the area as she has expressed interest in living there anyways. If she doesn't, it's still only a 25 minute drive one way for exchange of our son.

 

[single317dad]

What is my risk is just moving to this town in Wisconsin? There are no court orders preventing it and my ex has no legal decision making for our son at the present time due to the Temporary Possession order. Is there something in Illinois law that would prevent this? Once I'm established, I'm sure she would move to the area as she has expressed interest in living there anyways. If she doesn't, it's still only a 25 minute drive one way for exchange of our son.

"Your risk" is that what you're considering is not legal. If you want to remove the child from the state, you need leave of the court per 750 ILCS 5/609, to wit:

(750 ILCS 5/609) (from Ch. 40, par. 609)
Sec. 609. Leave to Remove Children.)
(a) The court may grant leave, before or after judgment, to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interests of such child or children. The burden of proving that such removal is in the best interests of such child or children is on the party seeking the removal. When such removal is permitted, the court may require the party removing such child or children from Illinois to give reasonable security guaranteeing the return of such children.
(b) Before a minor child is temporarily removed from Illinois, the parent responsible for the removal shall inform the other parent, or the other parent's attorney, of the address and telephone number where the child may be reached during the period of temporary removal, and the date on which the child shall return to Illinois.
The State of Illinois retains jurisdiction when the minor child is absent from the State pursuant to this subsection.
(c) The court may not use the availability of electronic communication as a factor in support of a removal of a child by the custodial parent from Illinois.
(Source: P.A. 96-331, eff. 1-1-10.)

If you move without following the law, it's possible Mom may convince the judge to order the child returned to the jurisdiction of the court. You can do this without Mom's "blessing", but the burden is upon you to prove the move is in the child's best interests per 750 ILCS 5/602:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+VI&ActID=2086&ChapterID=59&SeqStart=8400000&SeqEnd=10200000

http://www.ilga.gov/legislation/ilc...ChapterID=59&SeqStart=8400000&SeqEnd=10200000

 

[LdiJ]

Mother is unlikely to agree to anything I propose. I could literally live closer to her by moving out of state.

The school district I'm looking at is in the top 10% in the state and is far better than the offerings in north eastern illinois. Ultimately, it appears that it would be 10 minutes further from my ex but in a far better school district with much more affordable housing (rentals and owner occupied). The kicker is that due to mother's mental health issues, she will simply say "no" or not reply at all in an attempt to maximize the legal fees as she doesn't believe she will ever be responsible for any portion of them. She uses her attorney as a counselor which then causes cascading legal fees due to her attorney forwarding everything she tells her onto the GAL and my attorney.

What is my risk is just moving to this town in Wisconsin? There are no court orders preventing it and my ex has no legal decision making for our son at the present time due to the Temporary Possession order. Is there something in Illinois law that would prevent this? Once I'm established, I'm sure she would move to the area as she has expressed interest in living there anyways. If she doesn't, it's still only a 25 minute drive one way for exchange of our son.

Your risk is losing primary custody. Right now all you have is a temporary order. Move out of state without either mom's agreement or the court's permission and the judge could easily give primary custody to mom.