IL Move Away Question

[heather2662]

FACT:
A child may not be removed permanently from the state of Illinois without a court order. The custodial parent must file a removal petition.

QUESTIONS:
When and how does the Non-custodial parent get notified of this?

When and how is the Non-custodial parent given an opportunity to contest the removal of the Child?

DETAILS:
Divorced 4 years. Mother has Custody. 1 minor Child 16yrs old

Mother is moving to another state. Child wants to live with Father and remain in the area due to Family (all immediate and extended family of both parents live in Father's home area), Church, School, ect.

Mother informed Father verbally in person she is moving out of state. Mother and Father began negotiating/talking about Child living with Father for @ 4 weeks when Mother stopped communicating and said she will not allow Child to stay with Father.

[mistoffolees]

I don't know IL law, so take this with a grain of salt (actually, I'm only asking questions, so it probably doesn't matter).

1. Does your divorce decree / parenting plan say anything about moving?

2. If it does, would that constitute a valid court order? That is, if your divorce decree says that CP can move out of state without notice, would that be sufficient or would she need to go back to get ANOTHER court order?

[heather2662]

Divorce decree says nothing about moving for either party. There has not been a parenting plan drawn up ever.

[mistoffolees]

In that case, I would look up the state law which you seem to have cited in your first post. If it requires notice, it most likely expounds upon that.

[Davy]

Heather2662,

OK a 4 year old custody determination where the mother was rewarded sole custody and the father was saddled with reasonable visitation and a high percentage of the father's gross income because that is the way we''ve always done it.  There was no contest.  Is that correct ?

Are you asking about 'removal' and 'notification' because  you fear the judicial system won't follow the statues ??  If so, your fears are well founded.  Happens all the time.

Has the 16 year old son expressed his wants to the mother to stay with Dad ?? and if so, how did she respond ?

Does the mother have a half-way reasonable reason to relocate ? Of course you probably already know she has every right to relocate but not neccessarily uproot the son from his environment where he is comfortable with his surroundings.  

In the mid-1980's there was a Christian county case (Romano vs Romano) where the mother was relocating to STL (approx. 100 miles) and the father was able to prevent the out-of-state move.  So then the mother ups and decides she'll move to Chicago (approx. 250 miles) and initially the father requested his children be within 50 miles of his residence but eventually finalized within 30 minutes.  So be encouraged.

I'm not an attorney.  You might consider FILING FIRST a motion to prevent removal keeping all verbal and written communication focused on the child and with out disparaging the mother (as much as possible)   and also not putting the child in the middle between mom and dad.  I also would not use terminology that confirms the status quo (ie CP, NCP) but rather Mother and Father.  I would instruct any attorney I retained likewise.  

In any case, if you suspect the local yokal attorneys will adjudicate with the courts built-in bias then find an attorney outside of the good-ole-boy network.  BTW, the FILING FIRST consideration may act as a deterant to remove the child and persuade mommy dearest to communicate more effectively especially concerning a 16 year old son.

Of course all the above is just my opinions along with experience with IL.  

 

[heather2662]

Thank you so much for writing back. I will try to keep this simple and organized.

1.) Correct. No contest. Also no legal representation. My husband just wanted it over with, ex and both lawyers were dragging it out.



2.) Yes, we fear an unfair judicial system.

WHAT I'M ASKING IS: RE: 'removal' and 'notification' - Once the mother notifies the court of 'intent to relocate the child,' who notifies the child's Father??? Is it the court responsible or the ex wife?

***We actually know that the mother has no idea about the law.


3.) It's actually a Daughter not a son. Yes, she tried to tell her Mom that she wants to live with her Dad. The Mother's reactions have been ongoing and range from name calling like "selfish b*tch" to bribery with money and gifts.

***The Mother is very manipulative and extreme PAS. The daughter is mature enough to recognize her mother’s behavior and has already caused damage to her feeling towards her Mom. All 3 of her adult (18 and over) sisters are aware of and were subjected to their Mother's "negative" behavior and have begun to slowly pull away and limit all communications with the Mom.



4.) The Mother is remarried and her husband was given an forced promotion. (Move or you don't have a job.) They are moving 275 miles away= 5hrs.

***Since the divorce, the father has lived only 30min away from the mother's home where the children resided with her.

***In addition, my husband and I both maintain a friendly relationship with the family of his ex wife, to benefit the kids. i.e. The ex wife's parents, siblings, and extended family. While the ex has almost no contact with any of them at all, and is not on speaking terms with some of them.

***All family members mentioned above what the daughter to stay in the area and live with her dad.



NOTE: In all communication between the Mother and Father, the Mother makes it clear that all she is concerned about is money and child support. There is little to none mentioned by her, nor does she respond to mentions of, what their daughter wants or feels, how it will affect her, or her best interests in general.

[Davy]

Responded via email to OP concerning :

2.) Yes, we fear an unfair judicial system.

WHAT I'M ASKING IS: RE: 'removal' and 'notification' - Once the mother notifies the court of 'intent to relocate the child,' who notifies the child's Father??? Is it the court responsible or the ex wife?

***We actually know that the mother has no idea about the law.