Moving out of state

[gejewels]

What is the name of your state? Illinois
I have joint custody of my 3 children and am custodial parent. My ex husband has decided he wants to move out of state. Is there a way to prevent this? And if he does move out of state, will the courts take into account his lower rate of pay (thus lowering child support) because he will work in a state where the economy is much different?

 

[LdiJ]

What is the name of your state? Illinois
I have joint custody of my 3 children and am custodial parent. My ex husband has decided he wants to move out of state. Is there a way to prevent this? And if he does move out of state, will the courts take into account his lower rate of pay (thus lowering child support) because he will work in a state where the economy is much different?

Its possible that his child support would get lowered, but its unlikely because he is doing this voluntarily.

 

[stealth2]

You won't be able to stop his move. However, depending on how your order is written and what the visitation/transportation and distance are, you may be able to request a modification.

 

[BelizeBreeze]

Is there a way to prevent this?

No. He has to right to move anywhere he wants. Period. YOU, on the otherhand, can't.

 

[stealth2]

No. He has to right to move anywhere he wants. Period. YOU, on the otherhand, can't.

Not entirely correct, BB. Mom MAY move anywhere she likes. It's the KIDS who may not.

 

[BelizeBreeze]

Not entirely correct, BB. Mom MAY move anywhere she likes. It's the KIDS who may not.

O.K. smart***

 

[jmr300]

"Not entirely correct, BB. Mom MAY move anywhere she likes. It's the KIDS who may not."


I have a similar situation... "Can I keep my ..." I just posted it this evening.

Anyway, my former spouse seems to be making plans to leave Illinois. You say the children can't leave...

Could you share the statute number that says they can't leave? The only reference I could find was

"(750 ILCS 5/609) (from Ch. 40, par. 609)
Sec. 609. Leave to Remove Children"

and it seems to cover temporary removal. Her move would be intended as a permanent move.

I plan on petitioning for the state to keep them in IL, or to ask for custody of my children.

 

[worriedwith1]

It sucks. We are the one who is caring for the child and we have to be the one who is limited to where we can move but the father can just up and leave and we have no say in it. Seems very un fair I'd say but its the courts who call it.

 

[stealth2]

The reason for this, worried, is as follows. You have custody of the child(ren). Your ex only has visitation. If you decide to move the children further from their other parent, YOU are the one who is making the visitation/relationship between them more difficult to effect (sorry sno - you CAN also use effect as a verb, but in a different context). YOU are making it more difficult for HIM. However, if HE decides to move, HE is making the choice to make visitation more difficult. HE's allowed to make that choice for himself - YOU are not allowed to make it for him. Make more sense?

 

[worriedwith1]

No, no sense at all. Ok, maybe I understand alittle by me moving it would be more of a hassle for him but he made the choice to leave and leave the child with mom so as far as I am concerned, He left the choices up to mom then. I know thats not how it works but I think that him having the choice to up and leave isn't right whether or not he made the choice or not. I think the whole child support/child visitation thing is so sterotyped that it almost allows father to take the easy way out and leave and be weekend fathers and mail a check every week but if the mother had this role, we would be awful mothers who left our children. Just like in this case. The father can up and leave but what if the mother here decided she wanted to move then all the sudden the weekend father has a say in this. Sorry, I just dont think its fair but again, thats the system.

 

[stealth2]

The mistake you are making is that the leaver (who CAN be the mother, so let's not stereotype) leaves their spouse/marriage, not the children.

 

[BelizeBreeze]

No, no sense at all. Ok, maybe I understand alittle by me moving it would be more of a hassle for him but he made the choice to leave and leave the child with mom so as far as I am concerned, He left the choices up to mom then. I know thats not how it works but I think that him having the choice to up and leave isn't right whether or not he made the choice or not. I think the whole child support/child visitation thing is so sterotyped that it almost allows father to take the easy way out and leave and be weekend fathers and mail a check every week but if the mother had this role, we would be awful mothers who left our children. Just like in this case. The father can up and leave but what if the mother here decided she wanted to move then all the sudden the weekend father has a say in this. Sorry, I just dont think its fair but again, thats the system.

Yep, that's the system. So, if you don't like it, or any custodial parent doesn't like it, they have a very easy solution. Give up custody. PROBLEM SOLVED!!!

 

[nextwife]

AS CP, you get the BENEFIT of having the child live with you. That is of immeasurable worth.

If we want to have our kids in our daily lives, we must make sacrifices in life choices that we would be free to decide, were they not a consideration.