SPARC Forums
Main Forums => Custody Issues => Topic started by: martune on Mar 20, 2005, 12:10:30 PM
I have joint custody of my 5 year old son, with his mother being the physical resident custodial parent in the state of Illinois, will county.
We have a very good relationship, and we are both very considerate of each other regarding visitation and parenting. We live within 5 miles of each other, his preschool, his Grandmother, and his babysitter.
Recently I have been informed she plans to move in with a man twice her age, out of this jurisdiction. The additional miles to be traveled are not that significant, but I purchased my house specifically to be in close proximity. This will most likely mean a new babysitter, school buddies, friends, etc. I am not so much concerned with the charactor of the man involved, as much as I am concerned that this is going to be another short term relationship, if history is any indication.
I am specifically concerned about the well being of my son being dragged through a short term situation. The fact that there is no marriage planned would indicate a lack of commitment.
I would like to petition to gain physical custodial parent status for myself, away from his mother. Is there any grounds here?
I have not been unable to find any Illinois law regarding this situation.
Just because your ex is moving in with another man (regardless of his age) will not be sufficient enough for a change of custody.
The ONLY thing you can do is petition for her to remain in the juristiction you are both currently live. (and there are no guarentees with that)
You need to watch she doesn't continue to move further and further away. That would prevent you from having a relationship with your child
The Witch
Remember . . . KARMA is a Wonderful Thing!!!!!
Thank you for taking the time to reply to my inquiry. It is a helpless feeling to watch someone recklessly go through life serving themself and not caring how their actions effect others around them.
Chances are that the facts you relate will not support a Motion to change physical custody. There is no endangerment and unless you can somehow clearly indicate how the relocation is detrrimental to the child, you will be unable to rebut the legal presumption to maintain the current custodial arrangement.